Afghanistan: Collapse of rule of law and violations against human rights, especially of women

UN-appointed independent human rights experts in Afghanistan have expressed grave concern at the continuing breakdown of the rule of law and the independence of the judiciary, describing the crisis as a “human rights catastrophe.”

This came in a joint statement signed by the Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, and the Special Rapporteur on the situation of human rights, Richard Bennett, on Friday, January 20.

“Lawyers, judges, prosecutors and other actors involved with the legal system in Afghanistan face grave risks to their safety, and those still practicing must navigate a deeply challenging, non-independent legal system,” said the statement.

Satterthwaite and Bennett said the Taliban's suspension of the 2004 constitution, removal of judges from the bench, and reduction of the role of the Attorney General's Office has accelerated the breakdown of the rule of law and independence of the judiciary in Afghanistan.

The statement called on the international community to provide more support to all parties working for the rule of law, justice and human rights, such as lawyers, legal aid providers, and non-governmental organizations, especially women lawyers and those involved in promoting gender rights.

The two UN rapporteurs called on the Taliban to reverse its arbitrary methods that exclude women from the legal system, protect those who provide support for the advancement of justice, and guarantee the right to a fair trial for all citizens without prejudice.

To the best of information available, more than a dozen prosecutors, including two women, have been killed throughout Afghanistan, without the perpetrators being identified, due to their previous work investigating and prosecuting Taliban members under democratically elected governments. Many more remain in hiding.

Gender rights

Separately, on behalf of the UN Secretary-General, Deputy Secretary-General Amina Mohammed, Executive Director of UN Women Sima Bauhaus, and Assistant Secretary-General for Political Affairs, Peacebuilding and Peace Operations Khaled Khiari visited Afghanistan for four days to assess the situation, engage with the de facto authorities, and confirm the UN’s solidarity with the Afghan people.

During the visit, the UN officials expressed concern about the Taliban's recent decree banning women from working for national and international non-governmental organizations, which undermines the work of organizations that provide assistance to millions of Afghans.

A statement issued by the United Nations spokesperson stated that the Afghan authorities have recently prevented girls from enrolling in universities and secondary schools and restricted the freedom of movement of girls and women, as well as narrowing public space for them and preventing them from going to parks, gyms, and public baths.

Sima Bauhaus, Executive Director of the United Nations Women's Agency, said that what is happening is a serious crisis for women's rights, stressing that her organization supports Afghan women and girls and will continue to support the restoration of their rights.

The United Nations held numerous consultations throughout the Arab Gulf and Asia, during which it met with the leadership of the Organization of Islamic Cooperation, the Islamic Development Bank, Afghan women's associations in Ankara and Islamabad, and the Association of Ambassadors and Special Envoys to Afghanistan, who are based in Doha.

The UN statement said that there is a general consensus on the need for the region and the Organization of Islamic Cooperation to assume leadership on these issues. It was also agreed to propose holding an international conference during the month of March on the rights of women and girls in the Islamic world.