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The Government of Pakistan must urgently stop arbitrarily arresting and harassing Afghan refugees and asylum seekers, many of whom are fleeing persecution by the Taliban, Amnesty International said today as it marks World Refugee Day.

In recent years, many Afghans living in fear of persecution following the Taliban takeover of Afghanistan in August 2021 have fled to Pakistan, where they have been subjected to waves of arbitrary detentions, arrests, and the threat of deportation. Because of considerable delays in the registration process, most do not hold Proof of Registration (PoR) cards, the identity document entitling Afghan refugees to remain regularly in Pakistan. Many arrived in Pakistan with regular visas, which have since expired.

“It is deeply concerning that the situation of Afghan refugees in Pakistan is not receiving due international attention. Being unable to return home or stay permanently in Pakistan, they are caught in an impossible situation from which there is no escape. Their ambiguous legal status and arduous processes for asylum or third country relocation have made them even more vulnerable,” said Dinushika Dissanayake, Amnesty International’s Deputy Regional Director for South Asia.

Being unable to return home or stay permanently in Pakistan, they are caught in an impossible situation from which there is no escape.

Dinushika Dissanayake, Amnesty International’s Deputy Regional Director for South Asia

Amnesty International conducted nine new remote interviews with Afghan including with six who had been detained in Pakistan over the course of the last three months. This is in addition to several other interviews held with Afghan refugees in Pakistan last year in 2022 along with continuous media monitoring and review of official documents. Afghan refugees have raised serious concerns about harassment by Pakistani police and officials.

‘Our lives in Pakistan are no lives at all’

Hussain,* a former employee of the Ministry of the Interior in Afghanistan (MoI), fled to Pakistan with his family in 2022 after narrowly escaping the Taliban in Kabul. He was recently detained amid a round of arrests and faced harassment by the Pakistani authorities.

In February 2023, police raided and ransacked Hussain’s home in Islamabad, as well as the homes of several other Afghan families in his neighborhood. He says he was handcuffed and brought to the police station at about 10pm, where he was interrogated about their immigration status, employment and social circles. Around 20 other Afghans were also detained and brought to station. 

“They took our passports and wallets from us, and then searched our bodies multiple times. They detained even those of us that had valid visas and were in the country legally,” he said.

They took our passports and wallets from us, and then searched our bodies multiple times. They detained even those of us that had valid visas and were in the country legally.

An Afghan refugee

The next morning, Hussain was released after paying a “fine” of 30,000 rupees, yet the police refused to give him any documentation outlining the reason for his detention or a receipt for the fine. Five other detained Afghans interviewed by Amnesty International share similar accounts of separate incidents in which they were all forced to pay fines of between 5,000 and 30,000 rupees, and none were given paperwork confirming their detention or fine. “Our lives in Pakistan are no lives at all,” Hussain said.

These cases represent just a small number of the many Afghans who have arrived seeking asylum in Pakistan, with the ultimate aim of building a new life in the country or relocating to a third country via Pakistan. The threats and harassment they have suffered have been amplified amid delays of the third-country relocation processes and expired visas, since it makes them legally vulnerable.

Countries that offered special relocation schemes to Afghan individuals facing persecution by the Taliban, including the United States of America, Canada, the United Kingdom and Germany, are currently not issuing visas within Afghanistan, where they do not have diplomatic representations. At the same time, the process for issuing them in Pakistan remains complicated and lengthy with a waiting time of many months. For example, in October 2022 Germany launched a humanitarian admission program for Afghans at risk of persecution, aiming at bringing up to 1,000 Afghans to Germany per month. According to media sources, as of June 2023 the program had not taken anyone to Germany yet and the Afghans who were told by the German authorities to travel to Pakistan to have their visas processed are still there.

Afghans seeking asylum must also endure a prolonged process when trying to obtain proof of registration from the United Nations High Commission for Refugees (UNHCR). Combined with lengthy visa renewals from the Pakistani government, these delays are making it easier for the police to harass them and for other authorities to extort money from them — practices that have been reported across Pakistan, including in Sindh, Karachi, Peshawar, Chaman, and Quetta, among others.

The Afghans speaking with Amnesty International said that they felt that their right to freedom of expression was being significantly curtailed, as they were unable to complain publicly about the challenges they face, because of their precarious legal status. The situation is particularly dire for women and girls, who face discrimination in both Afghanistan and Pakistan.

‘We must pay a bribe’

Afghans without documents to prove their legal status are unable to secure formal employment and often end up working in low-wage jobs where they are vulnerable to exploitation.

Without a PoR card or visa, it is also difficult to get SIM cards or set up bank accounts, which prevents Afghans from receiving money from their relatives. Landlords also take advantage of their lack of proof of regular status.

“If you don’t have a card, then you can’t get a legal housing lease, so instead we must pay a bribe to a broker,” said Hussain, referring to PoR cards.

Many of the recent arrivals must travel to the Afghanistan/Pakistan border and officially leave Pakistan in order to renew their visas, which can prove both costly and dangerous. Two interviewees said border guards demanded bribes before allowing them to cross the border, even though they possessed valid visas.

The Pakistani authorities often rely on the Foreigners Act, 1946 to detain Afghans in the country even when they have valid documents.  Despite contacting human rights groups in Pakistan, recently detained Afghan refugees said they were provided no legal protections while in police custody. In addition, Afghans often struggle to access healthcare and education for their children, as some schools refuse to enroll them due to ambiguities surrounding their legal status. For women and girls, it is especially difficult to enroll in schools in Pakistan due to gender discrimination.

Bureaucratic hurdles

The UN Refugee Agency, UNHCR, is responsible for registering Afghans seeking asylum, providing them with Proof of Registration (PoR) cards and determining whether they are refugees. The UN agency contracted the Society for Human Rights and Prisoners’ Aid (SHARP) for this registration process, yet those interviewed told Amnesty International they have faced long waiting times at the SHARP office when seeking to schedule an interview, and sluggish responses to calls, making it virtually impossible for recently arrived Afghans to receive legal documentation quickly.

Ahmad,* another asylum seeker interviewed by Amnesty International, called the UNHCR in Pakistan seeking proof of registration in November 2021. He was asked to submit his biometrics in August 2022, but ten months later, he is yet to receive his official registration card. 

For Ahmad, Hussain and other Afghan refugees in Pakistan who worked for the former Afghan government or worked in civil society, returning to Afghanistan is impossible.

“Afghans seeking asylum were first punished by the Taliban — and now by arduous registration, asylum and visa processes. The international community has failed to provide adequate protection to those fleeing persecution in Afghanistan, in sharp contrast to the initial promises made. These Afghans are in urgent need of greater support,” said Dinushika Dissanayake.

Afghans seeking asylum were first punished by the Taliban — and now by arduous registration, asylum and visa processes. The international community has failed to provide adequate protection to those fleeing persecution in Afghanistan.

Dinushika Dissanayake

“Amnesty International is calling on the United Nations High Commission for Refugees (UNHCR) to expedite registration and reviews of applications from Afghans seeking refugee status in Pakistan, on the Government of Pakistan to stop arbitrarily arresting and harassing Afghan refugees and on third countries offering relocation to Afghans abroad to expedite the issuance of visas.”

Background:

Amnesty International has changed the names of all those interviewed to protect their identity. On 14 June 2023, Amnesty International contacted the Government of Pakistan, UNHCR and SHARP about its findings, but has not received a response until publication.

Due to the risk of persecution, the UNHCR issued a non-return advisory for Afghans outside of their home country following the Taliban takeover. According to the UNHCR, there are more than 3.7 million Afghans in Pakistan, who fled Afghanistan for both economic and political reasons. Only 1.4 million of them are formally registered.

On 15 December 2022, Amnesty International raised its concerns with regard to the situation of Afghan asylum seeker and refugees to the Government of the Islamic Republic of Pakistan.

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The Taliban have committed the war crime of collective punishment against civilians in Afghanistan’s Panjshir province, Amnesty International said in a new report published today.

The report, ‘Your Sons Are In The Mountains’: The Collective Punishment of Civilians In Panjshir by the Taliban, documents serious international human rights and humanitarian law violations, including extrajudicial executions, torture, and mass arbitrary arrest and detention.

After the Taliban seized control of Afghanistan in August 2021, members of the security forces of the former Afghan government fled to Panjshir with equipment and arms, and joined the National Resistance Front (NRF). In response, the Taliban have retaliated against captured fighters, and targeted the civilian population in Panjshir to force compliance and submission.

The list of war crimes and other violations of international humanitarian law committed by the Taliban in Panjshir is extensive.

Agnès Callamard, Secretary General, Amnesty International

“In Panjshir, the Taliban’s cruel tactic of targeting civilians due to suspicion of their affiliation with the NRF is causing widespread misery and fear,” said Agnès Callamard, Amnesty International’s Secretary General.

“The list of war crimes and other violations of international humanitarian law committed by the Taliban in Panjshir is extensive: extrajudicial executions, torture, hostage-taking, unlawful detention, and the torching of civilian homes. Each individual act is abhorrent, and this conduct in sum amounts to collective punishment – in itself, a war crime.

“Thousands of people are being swept up in the Taliban’s continued oppression, which is clearly intended to intimidate and punish. The Taliban’s deliberate targeting of civilians in Panjshir must stop immediately.”

During the ongoing crackdown, the Taliban have conducted village-wide arbitrary arrests of all adult men and older boys, detained them without charge, and subjected them to beatings and other abuse. They have also imposed the only night-time curfew in all of Afghanistan, seized civilian homes, and restricted shepherds’ access to their traditional grazing lands.

While many of the acts taken by Taliban forces individually constitute war crimes, the entirety of those acts – plus the additional arbitrary detentions and restrictions on the civilian population – also constitute the war crime of collective punishment.

Amnesty International is calling on the Taliban authorities to investigate the cases documented, and hold fair trials before ordinary civilian courts where warranted. However, as the Taliban have been neither willing nor able to conduct genuine investigations or hold any members of their forces to account in fair trials, Amnesty International is renewing its call for the United Nations Human Rights Council to create an independent international accountability mechanism with a focus on preserving evidence for future justice processes, including prosecutions as well as public reporting and monitoring.

Mass extrajudicial executions

The report documents several cases of mass extrajudicial executions of NRF fighters by the Taliban. In one case, at least six people – and possibly nine – were executed in September 2022 on a mountainside near Darea Hazara, which is part of Pochava village of Darah district.

Amnesty International’s Crisis Evidence Lab analyzed and verified five videos depicting parts of the execution process. The first video shows members of the Taliban escorting six men with their hands bound behind their backs up a steep hillside. Interviewees identified all six as captured fighters in the NRF: Mohammad-u Din, Ishaq, Daniyar, Modir Ahmad, Amir Hatam, and Mohammad Yar.

In the subsequent videos, the detainees’ eyes are covered with blindfolds, and armed members of the Taliban are positioned uphill, behind the detainees. The videos show several Taliban members firing their weapons for 19 seconds, killing five men and causing several of their bodies to fall downhill. At least five gunmen participate, using a combination of bolt-action rifles and fully-automatic Kalashnikovs, making the exact number of shots fired difficult to determine.

Based on the direction of the sunlight and shadows in the videos, the killings likely happened in the hours soon after the 5.30am sunrise. While five people were visibly shot and killed on camera, a witness told Amnesty International that a total of nine people were killed in this mass execution. Witnesses later named the three other victims as Feroz, Torabaz, and Shah Faisal.

Unlawful detention, torture and other ill-treatment

In at least three cases, the Taliban tortured to death civilians they had arrested in the Bazarak and Rokha districts of Panjshir province. The men were farmers and cattle ranchers, who were operating under traditional rules that allowed for animals to be sent to the mountains in summer. They believed they had permission from local Taliban officials to access areas set aside for this.

Two of the victims, Noor Mohammad and Ghulam Ishan, were residents of Darah district, and were tortured in Rokha district while in search of their cattle in October 2022. The third man, Abdull Muneer Amini, was detained in his home district of Bazarak in June 2022. Videos and photos taken after their bodies were recovered were shared on social media and privately with Amnesty International. All three bodies showed extensive signs of torture, including severe bruising likely caused by heavy beatings, according to the analysis of a forensic pathologist consulted by Amnesty International.

The Taliban have also repeatedly arbitrarily arrested and detained civilian men and older boys over their suspected affiliation with the NRF. As many as 200 people have been detained at a time. These arrests largely occurred in Darah, Abshar, and Khenj districts between May and August 2022, either during village-wide mass arrests in certain locations, or in targeting specific households where the Taliban suspect family members have joined the NRF.

The detention of family members to induce surrender by fighters amounts to hostage-taking, and is a war crime. Detainees remained in Taliban custody for various lengths of time, ranging from hours to months.

In one case in Darah district, a man said the Taliban arrested his father from his village in June 2022, in an attempt to find the man and his brothers, whom the Taliban suspected had joined the NRF.

The man told Amnesty International: “[The Taliban] had taken my father by 1pm… He was taken to the mosque, and there they unbound his blindfold… They made him sit on a mattress… There they began questioning [him], ‘Where are your sons? It is said that your sons are in the mountains’.”

Arresting family members of suspected NRF fighters, the mass arrest and detention of civilians, and the torture and unlawful killings of the shepherds are further examples of the Taliban’s campaign of collective punishment against civilians in Panjshir. Other Taliban tactics of intimidation documented in the report include the destruction and long-term seizure of civilian property, and placing restrictions on civilian movements.

Need for accountability

The people of Afghanistan have endured crimes under international law and other serious human rights violations and abuses with little accountability, both before and after August 2021. The lack of credible domestic infrastructure for accountability means that evidence of such crimes is at a serious risk of disappearing or being destroyed.

Amnesty International is again calling on the UN Human Rights Council to establish an independent international accountability mechanism for Afghanistan, with a mandate to monitor and publicly report on the situation, and to collect and preserve evidence for future international justice. Amnesty International is also calling for the mandate of the UN Special Rapporteur on the situation of human rights in Afghanistan to be fully resourced, and for UN member states and the International Criminal Court to use such evidence to conduct full investigations into all parties to the conflict.

The creation of an independent international accountability mechanism is essential.

Agnès Callamard

“Those who have faced atrocities in Panjshir, and indeed all victims of Taliban crimes committed in Afghanistan, deserve an end to impunity and a clear road to justice, truth and reparations,” said Agnès Callamard.

“The creation of an independent international accountability mechanism is essential, with a focus on the collection and preservation of evidence to hold all those suspected of criminal responsibility accountable.”

Methodology

Amnesty International interviewed 29 people from Panjshir for the report. In all cases, interviewees requested that their names were not used, amid fear of reprisals from the Taliban.

Amnesty International completed open-source investigations of available social media material, and analysed 61 photos and videos, some of which appeared online and some of which were privately provided by witnesses via secure transfer. Many of the videos were likely filmed by members of the Taliban.

On 25 May 2023, Amnesty International requested an official response from the Taliban to the cases documented in the report. At the time of publication, the Taliban had not responded.

The post Afghanistan: Taliban’s cruel attacks in Panjshir province amount to war crime of collective punishment – new report appeared first on Amnesty International.

The post Afghanistan: Taliban’s treatment of women and girls should be investigated as the crime against humanity of gender persecution appeared first on Amnesty International.

“The Security Council resolution has been adopted in the midst of a relentless assault on the human rights of women and girls in Afghanistan. It is imperative that the Taliban abide by the resolution, immediately reverse the bans and restrictions on the rights of women and girls including the rights to work and education and release all those detained for protesting or speaking out against the same.

It is imperative that the Taliban abide by the resolution, immediately reverse the bans and restrictions
on the rights of women and girls…
and release all those detained for protesting or
speaking out against the same.

Joyce Bukuru, Senior Advocate at Amnesty International

“While a welcome step in the right direction, the resolution failed to include the need to hold accountable those responsible for the systematic violation of rights.  It also fell short of setting out concrete steps the members of the Security Council should take to support ongoing efforts to restore the rights of women and girls in Afghanistan and keep the Taliban as de facto authorities accountable for their grave and systematic violations of women and girls rights.

‘’Afghanistan is bound by obligations under international human rights law, yet every effort has thus far failed to stop the Taliban’s abuses. This resolution must be accompanied by maximum international pressure that sends a clear message to the Taliban that the rights of women and girls are not up for negotiation – they are universal and inalienable.’’

BACKGROUND

On 5 April 2023, the Taliban announced that no Afghan woman is permitted to work for the UN in Afghanistan as an extension of a previous ban on women working in NGOs. This announcement came as Afghanistan is facing an unprecedented humanitarian crisis.

Previously, Amnesty International has documented how women and girls’ lives in Afghanistan are being devastated by the Taliban’s crackdown on their human rights. Since they took control of the country in August 2021, the Taliban have violated women’s and girls’ rights to education, work and free movement; decimated the system of protection and support for those fleeing domestic violence; detained women and girls for minor violations of discriminatory rules; and contributed to a surge in the rates of child, early and forced marriage in Afghanistan.

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“The emerging details of the gang rape of a woman and her daughters allegedly by members of the Taliban are a horrific new low in the abysmal record of human rights violations witnessed in today’s Afghanistan. The Taliban as the de facto authorities must condemn the incident and immediately launch an independent, transparent and impartial investigation into the allegations. The perpetrators must be prosecuted and punished as per international human rights law and standards in fair trials and without recourse to the death penalty.

The Taliban as the de facto authorities must condemn the incident and immediately launch an independent, transparent and impartial investigation into the allegations.

Zaman Sultani, regional researcher for South Asia at Amnesty International

“Since they seized power in August 2021, the Taliban have violated women’s and girls’ rights and decimated the system of protection and support for those fleeing violence; such the Ministry of Women Affairs (MoWA), Afghanistan Independent Human Rights Commission (AIHRC) and the Law on the Elimination of Violence Against Women (EVAW) as also the specialized prosecution units and courts dealt with cases involving violence against women and girls.

The emerging details of the gang rape of a woman and her daughters allegedly by members of the Taliban are a horrific new low in the abysmal record of human rights violations witnessed in today’s Afghanistan.

Zaman Sultani

“The fresh allegation of sexual violence perpetuated by members of the Taliban raise concerns and yet again drive home the need for swift action by the de facto authorities to investigate abuses, bring those responsible to account through fair trial in a civilian court without the recourse to capital punishment. At the same time, survivors of sexual violence must be provided with access to justice, healthcare and support services, and effective and holistic reparations that are proportional to the gravity of the harm suffered.”

Background:

The alleged rape took place on the night of 28 February 2023 at Khanaqah village, Suzma Qalah District of Sar-i-Pul province in Afghanistan. As per the victim’s account in a video shared in local media, the incident took place when the survivors were alone in the house and allegedly two Taliban members forced their way into the house at 11pm.

Amnesty International has previously documented the grave danger faced by women in Afghanistan today in the report, ‘Death in slow motion.’

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Amnesty International is urging UN member states to act towards ending impunity and ensuring justice for victims of Taliban abuses, as the Special Rapporteur on the Situation of Human Rights in Afghanistan presents a new report at the 52^nd Human Rights Council session today.

In recent months, the Taliban have been targeting women’s rights defenders, academics and activists for unlawful detention. Many have been arbitrarily arrested, with no legal remedy or access to their families. They are believed to have been detained for publicly criticizing the Taliban’s policies.

Amnesty International is calling on the United Nations Human Rights Council to establish an independent investigative mechanism in Afghanistan at the earliest opportunity, with a focus on evidence preservation to pursue international justice.

The human rights situation in Afghanistan is deteriorating rapidly, and the Taliban’s relentless abuses continue every single day.

Agnès Callamard, Secretary General, Amnesty International

“The human rights situation in Afghanistan is deteriorating rapidly, and the Taliban’s relentless abuses continue every single day,” said Agnès Callamard, Amnesty International’s Secretary General.

“Recently, people publicly critical of the Taliban’s abusive rules have been arrested without any reasons given, while the suffocating crackdown on the rights of women and girls, and targeted executions of ethnic Hazara people also continue unchecked. It is clear that the Taliban are not willing nor able to investigate actions by their members that grossly violate the human rights of Afghanistan’s population.

“While the Special Rapporteur continues to do valuable work under extremely difficult conditions, more is now required to meet the enormous challenge of documenting and recording human rights abuses in Afghanistan. The creation of a fact-finding mission is essential, with a focus on the collection and preservation of evidence to ensure justice is delivered.”

In a new public statement, Amnesty International is calling for the creation of a Fact-Finding Mission, or similar independent investigative mechanism, similar to those already in place in countries such as Ethiopia, Iran, and Myanmar. Such a mechanism should have a multi-year mandate and resources to investigate, collect and preserve evidence of human rights violations and abuses committed across the country.

While the UN Special Rapporteur has an essential mission to document ongoing abuses, a key contribution of the mechanism would be to establish the facts and circumstances of serious violations, identify potential perpetrators and secure and preserve evidence for future prosecution under international justice. Such a mechanism is crucial to ensure that crimes under international law and human rights violations in Afghanistan do not escape scrutiny, and to ensure that all those suspected of criminal responsibility are held accountable in fair trials before ordinary civilian courts or international criminal courts.

Recent wave of arrests

After the Taliban took control of Afghanistan in August 2021, they claimed they were committed to upholding and respecting human rights in the country. However, Amnesty International has repeatedly documented crimes under international law and violations of human rights carried out by their members since then.

Those arrested recently include: Narges Sadat, a women’s rights defender; Professor Ismail Mashal, a campaigner for women’s education; Fardin Fedayee, a civil society activist; Zekria Asoli, an author and activist; Mortaza Behboudi, an Afghan-French journalist; former senator Qais Khan Wakili; and Afghan journalist Muhammad Yar Majroh.

To date, Amnesty International understands only Professor Ismail Mashal has been released. In many cases of detention, no information is provided regarding the reason for the individual’s arrest and their whereabouts often remain unknown, which amounts to enforced disappearance.

Newly-verified evidence of crimes in Panjshir

Attacks against civilians in Panjshir – including abductions and enforced disappearances – are still being committed as the Taliban’s conflict with the National Resistance Front (NRF) continues.

Amnesty International’s Crisis Evidence Lab has authenticated photos and videos of at least eight incidents posted to social media between May and August 2022, where large groups of men were arbitrarily arrested and detained without trial by the Taliban in Panjshir. In total, these videos show at least 87 people at various points in the detention process, mostly with their hands bound. In one video, a Taliban fighter says: “If it was up to me, I would kill them here.”

Witnesses reported how the Taliban detained civilians after clashes with the NRF in Panjshir.

One witness told Amnesty International: “From the mosque, they called via loudspeakers that they have a meeting. When they [the men] had gathered, they had bound their hands with their handkerchiefs. They were beating people with the backside of the weapon. They arrested people who even did not have a knife. The Taliban had collected their weapons a month before. The Dan-i-Rivat village has about 50 houses. All of these men [who had gathered] were arrested or taken.”

Crackdown on women and girls, and attacks on ethnic minorities

Amnesty International has conducted three investigations on mass killings of Hazaras by Taliban forces – in Ghazni province, Ghor province, and Daykundi province – which may amount to war crimes. In all three cases, the Taliban, the de facto authorities in Afghanistan, have failed to investigate and bring the suspected perpetrators to justice.

In a report published in July 2022, Amnesty International documented how women and girls’ lives in Afghanistan are being devastated by the Taliban’s crackdown on their human rights. Since they took control of the country in August 2021, the Taliban have violated women’s and girls’ rights to education, work and free movement; decimated the system of protection and support for those fleeing domestic violence; detained women and girls for minor violations of discriminatory rules; and contributed to a surge in the rates of child, early and forced marriage in Afghanistan.

In November 2022, the Taliban arbitrarily arrested three prominent women human rights defenders – Zarifa Yaqoobi, Farhat Popalzai and Humaira Yusuf – as well as their colleagues for their peaceful activism. In December 2022, the Taliban prevented women from attending universities “until further notice”, and ordered all local and foreign NGOs to stop their female staff from working “until further notice”. According to the UN and humanitarian aid organizations, millions of women and children will be deprived of humanitarian support if the ban on NGOs is not reversed immediately.

“It is time for the international community to follow up their repeated public statements with concrete action,” said Agnès Callamard.

“The international community should act soon to establish a UN-mandated international fact-finding and evidence preservation mechanism to ensure independent investigations and prosecutions are possible. The current accountability gap is allowing grave violations and abuses in Afghanistan to continue unabated, and it must be urgently closed.”

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On 24 December 2022, the Taliban, Afghanistan’s de facto authorities, ordered all local and foreign NGOs not to employ female employees. On 20 December, they ordered all universities to not accept women students until further notice. In November 2022, women were denied the right to enter parks and gyms in the country. Since the Taliban takeover in mid-2022, women have been prevented from participating in sports, while secondary schools for girls have been shuttered nationwide.

“It is imperative that the UN Security Council halts the steep decline in women and girls’ rights in the country. The world watches as the Taliban systematically decimate women’s rights through numerous discriminatory restrictions rolled out by them in quick succession over the last few months,” said Yamini Mishra, Amnesty International’s Regional Director for South Asia.

It is imperative that the UN Security Council halts the steep decline in women and girls’ rights in Afghanistan.

Yamini Mishra, Regional Director for South Asia, Amnesty International

“The UNSC must call not only for the Taliban to urgently lift their restrictions on women and girls, but also for an end to their crackdown on anyone who dares to protest against these constraints in Afghanistan.”

A worsening humanitarian crisis

With poverty rates skyrocketing, the Taliban’s decision to ban women from working with NGOs is pushing the country further into a humanitarian crisis. The restriction has already contributed to rising levels of acute food insecurity and malnutrition, while women’s access to basic rights, including health and education, remains diminished.

Mahmud*, who works for an international NGO focusing on education and child protection in Afghanistan, told Amnesty International: “It is almost impossible to access women in the community (with the new Taliban`s decision). Women were identifying women beneficiaries. They were screening women beneficiaries. Women were helping in delivering assistance to women.” Women were essential links in reaching out to women in the community not only due to the gender segregation rules issued by the Taliban, but also due to pre-existing cultural sensitivities, as these tasks were previously carried out by women workers for women beneficiaries.

Afghan women and girls are increasingly being erased from public life and they will also pay the highest price in the coming months as the humanitarian disaster worsens, as male workers will not be able to offer critical services to women anymore.

The NGO-led aid sector, which is the main source of humanitarian assistance in the country, is teetering on the brink of collapse with at least three major international NGOs -CARE, the Norwegian Refugee Council and Save the Children – having suspended their operations in the country because they were unable to run their programmes without female staff. On 28 December, the United Nations also halted some programmes in the country and said many other activities may need to be paused due to the Taliban’s ban on women aid workers.

Currently, humanitarian assistance to the country, including the over $1 billion fund established by World Bank from the Afghanistan Reconstruction Trust Fund as emergency support budget, is channelled through UN agencies and implementing partners.

Women were already on the lowest rung of the ladder in terms of access to critical aid services, but it seems they are being completely erased.

Yamini Mishra

“It is as if the Taliban are intentionally driving the country into famine. Their discriminatory policies are bringing shocking levels of food insecurity and making the delivery of international assistance almost impossible. Women were already on the lowest rung of the ladder in terms of access to critical aid services, but it seems they are being completely erased,” said Yamini Mishra.

Access to education critically undermined

With Afghan women and girls already denied access to secondary and tertiary education, the ban on women working with NGOs will also prevent students from accessing education through community-based education systems. Such programmes were the only way about 3.7 million out-of-school children, about 60 percent of whom are girls, could still access schooling in pre-Taliban era. The teachers working in this system are primarily women and would be classified by the Taliban as NGO workers.

Ahmad*, who works for an organization that provides community-based education, said: “With these restrictions, women and girls will not work as teachers, nor attend free courses as students that they previously accessed in some of the cities. These bridge courses provided education on different school subjects, including English.”

Another NGO worker, Zareen*, told Amnesty International the changes will greatly undermine programmes on health and hygiene: “We provide awareness on child diarrhoea and prevention. We provide awareness on how to maintain personal hygiene (for women). We discuss family management. We provide awareness on nutrition for pregnant women and children of particular.” The restrictions impact public awareness programmes, which are carried out by women workers at NGOs and are vital for awareness on personal hygiene, family nutrition, and health.

Denial of Livelihood

When the Taliban assumed power in Afghanistan, women working for the government, including those with roles in civil service, policy-making bodies and the judiciary, were removed from their positions en masse.

Due to the Taliban’s restrictions now on women working for NGOs as well Zareen* must now stay at home. She told Amnesty International: “I am afraid of losing my income as the sole family breadwinner. The loss of my salary will have a huge impact on the lives of my children. And I now have mental health problems and feel sick.”

Massoma*, who previously worked with an organization working on education and healthcare in several provinces of Afghanistan, was told her contract would not be extended soon after the Taliban’s restrictions came into effect. She said, “My contract expired after the Taliban announced their decision. At the beginning of January, I was informed that the contract would not be extended.”  She is no longer receiving her salary.

“These discriminatory constraints on NGOs will only add to the already sizeable economic challenges faced by women in Afghanistan. It is outrageous that even women NGO workers are now being deprived of their right to work, which will then have a cascading impact on aid not reaching women in the communities. This is nothing short of misogyny,” said Yamini Mishra.

It is outrageous that even women NGO workers are now being deprived of their right to work, which will then have a cascading impact on aid not reaching women in the communities. 

Yamini Mishra

The Taliban’s repressive new rules have also barred women from accessing community livelihood programmes run by NGOs.

Ajmal*, who works for an organization that focuses in part on income generation programmes for women beneficiaries, told Amnesty: “At least 50% of small business owners who benefit from these income generation projects are women. The beneficiaries are also identified and monitored by women NGO workers.” 

Collective punishment

Since they took control of the country in August 2021, the Taliban have violated women’s and girls’ rights to education, work and free movement; decimated the system of protection and support for those fleeing domestic violence; detained women and girls for minor violations of discriminatory rules; and contributed to a surge in the rates of child, early and forced marriage in Afghanistan.

The Amnesty International report, Death in Slow Motion: Women and Girls Under Taliban Rule, also reveals how women who peacefully protested against these oppressive rules have been threatened, arrested, detained, tortured, and forcibly disappeared.

Amnesty International calls on the Taliban de facto authorities to immediately allow women and girls to return to secondary and tertiary education and to allow women to work and access public spaces independently. The international community must also call on the Taliban to reverse their restrictive policies, allow women to resume employment in NGOs, and ensure women’s full civic rights across the country.

The Taliban’s cruel restrictions on women’s and girls’ rights is a collective punishment for the entire population, women in particular.

Yamini Mishra

“The Taliban’s cruel restrictions on women’s and girls’ rights is a collective punishment for the entire population, women in particular. The UN Security Council should adopt a resolution that includes a set of concrete steps on how to end the systemic decimation of women’s and girls’ rights in Afghanistan. This will be a step towards halting the humanitarian disaster the country seems to be spiralling into,” said Yamini Mishra.

The UN Security Council should adopt a resolution that includes a set of concrete steps on how to end the systemic decimation of women’s and girls’ rights in Afghanistan.

Yamini Mishra

*All names of participants have been anonymised to protect their identity

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by Yamini Mishra, South Asia Regional Director at Amnesty International

A cursory look at the human rights situation in South Asia can make one feel that the arc of the moral universe in the region has been too long and does not seem to be bending towards justice. And yet, as people committed to human rights, we can’t let doom and gloom be our defining narrative. We must keep hope close to our hearts in terrain that is so hostile to human rights work.

Indeed, while 2022 has seen a great number of violations of human rights across South Asia, there have also been positive developments that need to be acknowledged and celebrated.

We must keep hope close to our hearts in terrain that is so hostile to human rights work.

Yamini Mishra, South Asia Regional Director at Amnesty International

The use of draconian anti-terror laws in the region to put behind bars and silence activists, journalists and almost anyone who dares to speak up against injustice has become an easy and replicable template across the region. But our collective struggle for freedom and justice did ensure liberty for at least some of those critical voices.

In Sri Lanka, the authorities have been using legislation from 1979 called the Prevention of Terrorism Act (PTA) to intimidate critics. But in February, after spending almost two years in pre-trial detention, Hejaaz Hizbullah, a Sri Lankan lawyer and a vocal advocate for minority rights who was detained under the PTA, was granted bail. In August, Mohamed Imran, a computer engineering student, was released after a long, unjust detention under the PTA; a month later Divaniya Mukunthan, the director of a Tamil YouTube channel, was also let go.

During the anti-government protests earlier this year, the Sri Lankan government once again used this draconian legislation to quash dissent, along with excessive force and mass arrests. But after deciding not to renew the state of emergency imposed due to the upheaval, the authorities also released most protesters who were arbitrarily detained. Student leader Galwewa Siridhamma Thero who was arrested under the PTA got bail earlier this month.

In India, the authorities have been using the Unlawful Activities (Prevention) Act (UAPA) to hold activists in jail without a trial. But there were at least two cases this year with positive developments. Poet and radical thinker Varavara Rao, who was detained under the UAPA in 2018, was granted bail from the Supreme Court. Prominent intellectual and scholar Anand Teltumbde, who was arrested in 2020 also on UAPA charges, was also given bail.

Another encouraging development came from the Supreme Court of India after, in May, it suspended the country’s colonial-era sedition law, which has also been used to suppress dissent. This was a big step in the right direction, particularly for the protection of freedom of expression. The court also passed landmark orders affirming the right of sex workers to dignified life and the right to abortion for every pregnant person until the 24th week, notwithstanding their marital status.

While the Indian judiciary has sometimes failed to uphold human rights over these past few years, such developments make me think that not everything is lost. They also give me hope that the Indian courts can also step up and defend rights, particularly those of persecuted minorities.

The persecution of minorities has been a dominant trend across the region, not just in India. In Pakistan, blasphemy laws have contributed to violence against ethnic and religious groups and several deaths were reported. However, in a positive move, the Supreme Court of Pakistan called on the authorities to ensure due process in the administration of justice in relation to blasphemy cases. This, of course, is not enough and such legislation needs to be abolished altogether.

In the Maldives, which also has strict blasphemy laws, activist Mohamed Rusthum Mujuthaba was arrested for posting content critical of religion on social media and for possession of “obscene material”. He was released from detention in August and relieved from further imprisonment.

In Bangladesh, teenager Dipti Rani Das, who was arrested for “hurting religious sentiment” was released after spending 16 months in detention.

There have also been modest gains for women’s rights in the region, too. In Nepal, activists secured reforms to strengthen the rights of survivors of gender-based violence. As a result of their campaigning, the government extended the restrictive statute of limitation on rape and other forms of sexual violence from one year to up to three years. This is a small win and we need to continue advocating until the statute of limitations is done away with.

Afghanistan has seen perhaps the most disheartening human rights crisis in the region. One year of Taliban rule has been marked by gender persecution of the worst kind, as well as persecution of minorities, including torture and enforced disappearances of Hazara people and individuals associated with the former Afghan government.

But at times even the Taliban has given in after people stood up for justice. Professor Faizullah Jalal, a prominent leader and university lecturer in Afghanistan, was released after being detained for pointing out the Taliban’s failure to address the humanitarian catastrophe in the country. His release came after months of campaigning by Amnesty International and many others.

Another positive development came in October, when the International Criminal Court (ICC) announced that investigations into war crimes and crimes against humanity committed in the armed conflict in Afghanistan will resume. This has restored some hope for long-awaited justice. The ICC Prosecutor must now seize this opportunity to urgently commence investigations into all parties to the conflict and ensure justice and reparations for the victims of these heinous crimes.

While 2022 has seen no dearth of human rights violations in vast tracts of South Asia, and as widespread repression persists, there is definitely a light that continues to shine.

Let’s keep the candle of human rights burning.

Yamini Mishra

It burns in every Afghan woman who continues to protest and claim her space in what is probably one of the most hostile environments for women. It burns in Bilkis Bano who continues to demand justice for the 2002 Gujarat riots and fights the premature release of her rapists in India. It burns in activist Shahnewaz Chowdhury who faces prison in Bangladesh for speaking up about pollution and deaths at a coal plant. It burns in the resilience that protesters in Sri Lanka have shown to claim a better future for themselves and for their country.

South Asia has a history of strong people’s movements fighting against injustice, so let’s celebrate them and support them in their quest to secure human rights for all. Let’s keep the candle of human rights burning.

As the late Archbishop Desmond Tutu said: “Hope is being able to see that there is light despite all of the darkness.”

Yamini Mishra

Regional Director for South Asia at Amnesty International

Originally published on International Human Rights day, December 10, 2022 at Al Jazeera:

A flicker of hope for human rights in South Asia | Opinions | Al Jazeera

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“The deplorable return of public executions in Afghanistan is the latest phase in Taliban’s alarming abuse of human rights in the country. They continue to flagrantly flout human rights principles with complete disregard for international human rights law.

All executions violate the right to life. Those carried out publicly are a gross affront to human dignity which cannot be tolerated.

Dinushika Dissanayake, Deputy Regional Director for South Asia, Amnesty International

“Carrying out executions in public adds to the already cruel, inhuman and degrading nature of the death penalty and can only have a dehumanizing effect on the victim and a brutalizing effect on those who witness the execution. Such public displays of killing perpetuate a culture of acceptance of violence, rather than a belief in justice.

“All executions violate the right to life. Those carried out publicly are a gross affront to human dignity which cannot be tolerated. This retrograde step by the Taliban is a major step back for human rights.”

Background:

Taj Mir of Herat province was publicly executed today at a crowded sports stadium in south-western Farah province.

He was convicted of murder by the highest Taliban courts as per the statement issued by the Taliban.

The execution in the western Farah province was witnessed by hundreds of spectators with many high-ranking Taliban officials present including: Mawlawi Abdul Hakim, the Taliban Chief Justice; Abdul Ghani Barader, the Taliban Deputy Prime-Minister; Sirajuddin Haqqani, the Taliban Minister of Interior; Mohammad Khalid Hanafi, the Taliban Minister of Vice and Virtue; and Abdul Hakim Sharghi, the Taliban minister of justice.

According to UN human rights experts, executions in public serve no legitimate purpose and only increase the cruel, inhuman and degrading nature of this punishment.

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“The public flogging of women and men is a cruel and shocking return to out-and-out hardline practices by the Taliban. It violates the absolute prohibition of torture and other ill-treatment under international law and should not be carried out under any circumstances.

The public flogging of women and men is a cruel and shocking return to out-and-out hardline practices by the Taliban.

Samira Hamidi, Amnesty International’s South Asia Campaigner

“The Taliban continue to ignore widespread criticism as they flagrantly flout basic human rights principles in an alarming slide into what looks like a grim reminder of their rule three decades ago. These outrageous punishments are just another step in the legalization of inhuman practices by the Taliban’s cruel justice system and expose the de-facto authorities’ complete disregard for international human rights law.

“The criminal practice of public flogging and all other forms of corporal punishments must be immediately and unconditionally stopped and a formal justice mechanism with fair trials and access to legal remedies must be put in place. The international community must immediately intensify its efforts to ensure the de-facto authorities in Afghanistan abolish all cruel, inhuman and degrading punishments.”

The Taliban continue to ignore widespread criticism as they flagrantly flout basic human rights principles in an alarming slide into what looks like a grim reminder of their rule three decades ago.

Samira Hamidi

Background:

On Sunday 14 November, the Taliban Supreme leader gave an obligatory order for full implementation of sharia law in Afghanistan.

Since then, the Taliban have carried out several public floggings on women and men accusing them of adultery, theft, same-sex sexual conduct or kidnapping, in different provinces in Afghanistan.

This interpretation of Islamic law includes public executions, public amputations and stoning – which were carried out during the Taliban’s first rule that ended in late 2001.

As the Taliban captured power in August 2021, they promised a more moderate rule in the country including respect to women’s rights.

Amnesty International has documented the Taliban’s continued escalation of human rights violations and abuses since they took control of Afghanistan in August 2021. This includes extrajudicial killings, arbitrary arrests, torture, disappearances, repression of women and girls, and censorship on media and other restrictions of freedom of expression.

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“The recent wave of arrests of women human rights defenders in Afghanistan is yet another attempt to quell all forms of peaceful protests and any dissent against the Taliban’s oppressive policies that violate human rights, particularly of women and girls. Such arrests will no doubt increase the environment of fear and reprisal in a continuing system of repression that goes unchecked. 

[This is] yet another attempt to quell all forms of peaceful protests and any dissent against the Taliban’s oppressive policies that violate human rights, particularly of women and girls. 

Samira Hamidi, Amnesty International’s South Asia Campaigner

“As the de-facto authorities, the Taliban must comply with international human rights law and standards, and immediately and unconditionally release these women human rights defenders and their colleagues who have been arrested solely for peacefully exercising their rights to freedom of expression, association, and peaceful assembly. We are further concerned about the safety and integrity of Zarifa Yaqoobi, Farhat Popalzai and Humaira Yusuf and their colleagues who have been detained. In the past, those arbitrarily detained under the Taliban have been tortured and otherwise ill-treated, many times denied access to legal remedies and family visits.  

“The Taliban must be held accountable for their human rights abuses and violations as they continue to act with impunity. The international community must condemn these acts, both publicly and in their private interactions with the Taliban and send a clear message that their current policies towards women and girls are not acceptable.” 

We are concerned about the safety and integrity of the women activists Zarifa Yaqoobi, Farhat Popalzai and Humaira Yusuf and their colleagues who have been detained.

Samira Hamidi

Background 

On 4 November, Taliban detained women human rights defenders Zarifa Yaqoobi and her colleagues during a press conference announcing the formation of “Afghan Women Movement for Equality” in Dasht-e Barchi area of Kabul. Reportedly, about 60 Taliban members stormed the press conference venue to disrupt the event and deleted photos and video from cellphones of all event participants.  

The next day, UN High Commissioner for Human Rights issued a statement on the arrests urging the de facto authorities to respect the rights to freedom of expression and peaceful assembly without fear of arrest or intimidation. 

On 5 November, in a press conference, the Taliban spokesman Zabihullah Mujahid said that the women’s rights activists ‘are being encouraged and told to protest and create distrust against the Islamic Emirate.’ 

On 8 November, prominent young activist Farhat Popalzai was arrested by the Taliban according to reports by the Afghan news agency Jaama Press. She is one of the founders of the ‘Spontaneous Movement of Afghan Women’. 

On 13 November, another woman human rights defender, Humaira Yusuf, was taken into custody by the Taliban as per information from sources to Amnesty International. 

This recent wave of arrests of women human rights defenders and peaceful protestors comes after months of suppression of the rights of women and girls in the country by the Taliban documented by Amnesty International and other civil society organizations. Women and girls have been barred from exercising their most basic rights, including the rights to freedom of movement, to education – as girls’ school beyond grade six remained closed – and political participation. 

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“The International Criminal Court’s decision this week restores some hope for long-awaited justice in Afghanistan, particularly for victims of crimes committed by the Taliban and their affiliated Haqqani Network. The ICC Prosecutor should seize this opportunity to urgently commence investigations into all parties to the conflict.

The International Criminal Court’s decision this week restores some hope for long-awaited justice in Afghanistan.

Yamini Mishra, the regional director for South Asia at Amnesty International

“Going forward the OTP also needs to urgently revise its selective approach to certain victims, whose cases have so far been deprioritised on the apparent basis that investigating powerful perpetrators would be more challenging or resource intensive to the ICC. Indeed, any supposed budgetary justifications are no longer valid as in the last year the OTP has received a significant influx of voluntary contributions and seconded personnel, some of which should be allocated to a thorough investigation in Afghanistan.

“The Office of the Prosecutor must reconsider its overtly selective approach which deprioritised investigations against powerful actors, including the Afghan National Security Forces (ANSF) and members of the Unites States military and CIA, to ensure justice to all victims of the Afghan conflict.”

The Office of the Prosecutor must reconsider its overtly selective approach which deprioritised investigations against powerful actors.

Yamini Mishra

Background

On 20 November 2017, the OTP had requested authorization to open an investigation into the Afghanistan situation, which was formally granted by the ICC Appeals Chamber on 5 March 2020 but was again deferred later in the month.

On 27 September 2021, the Prosecutor requested authorization from the Pre-Trial Chamber to resume its investigation under article 18(2) of the Rome Statute. In his statement, the Prosecutor ‘decided to focus (his) Office’s investigations in Afghanistan on crimes allegedly committed by the Taliban and the Islamic State – Khorasan Province (IS-K) and to deprioritise other aspects of this investigation.’

On 5 October 2021, Amnesty International issued a public statement which provided that the ICC Prosecutor’s approach jeopardized his office’s legitimacy and urged for a full investigation in Afghanistan, into all parties to the conflict.

On 31 October 2022, the International Criminal Court (‘ICC’) Pre-Trial Chamber authorized the Prosecutor to resume an investigation into ‘all alleged crimes and actors’ identified by the OTP in its 2017 request to open an investigation.

Amnesty International has documented several cases of crimes under international law committed by Afghan National Forces, the United States military and the Taliban.

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