Attachments
Seventy-eighth session
Item 73 (c) of the provisional agenda*
Promotion and protection of human rights: human
rights situations and reports of special rapporteurs
and representatives
Situation of human rights in Afghanistan
Note by the Secretary-General
The Secretary-General has the honour to transmit to the General Assembly the report of the Special Rapporteur on the situation of human rights in Afghanistan, Richard Bennett, in accordance with Human Rights Council resolution 51/20.
Summary
The present report, submitted by the Special Rapporteur on the situation of human rights in Afghanistan, Richard Bennett, builds on his previous report and covers developments, mainly from February to August 2023.
I. Introduction
1. The present report, submitted pursuant to Human Rights Council resolution 51/20. , provides an outline of human rights developments in Afghanistan, mainly between February and August 2023. It builds on the report of the Special Rapporteur submitted to the General Assembly at its seventy-seventh session (A/77/552), as well as his reports to the Human Rights Council.
2. To date, the Special Rapporteur has undertaken three missions to Afghanistan since assuming the mandate in May 2022, including a joint mission with the Chair of the Working Group on discrimination against women and girls in April and May 2023.
3. During these missions, the Special Rapporteur visited Kabul, Mazar-e Sharif, Kandahar, Bamyan and Panjshir Provinces. He met with numerous stakeholders and was received by senior de facto officials, including the acting Deputy Prime Ministers, Ministers and senior officials at the provincial level. The Special Rapporteur appreciates the de facto authorities’ cooperation with the mandate, including their written submissions to his communications and reports.
4. The Special Rapporteur also engaged in regular interactions with a broad range of stakeholders outside the country, by participating in in-person and online events.
II. Background
5. Since the Taliban seized power in August 2021, the human rights situation in Afghanistan has continued to deteriorate. While a broad spectrum of rights has been restricted or abused by the de facto authorities, the most prominent case is the extreme curtailment of the rights of women and girls. The de facto authorities have introduced numerous edicts and instructions that have deprived women and girls of their basic rights, including the rights to education, work, freedom of movement and participation in political and public life. These restrictions include bans on Afghan women from working for non-governmental organization (NGOs) in December 2022 and for the United Nations in April 2023, which have had a negative impact on humanitarian operations across the country. Other fundamental rights and freedoms, including the freedom of expression, opinion and assembly, the rights to life, physical integrity and access to justice, and the rights of minorities, have been systematically violated, affecting the entire community. Civic space continues to shrink and civil society activists, journalists and peaceful protesters continue to be subjected to arbitrary arrest and detention, and ill-treatment. On 13 November 2022, the de facto authorities announced the reintroduction of qisas (retribution in kind) and hudud (crimes against God) punishments, meaning that the application of the death penalty in public has resumed, alongside other inhuman and degrading punishments. 1 According to the United Nations Assistance Mission in Afghanistan (UNAMA), a significant number of individuals were subjected to public flogging, including 74 men, 58 women and 2 boys, between November 2022 and April 2023.2
6. The Taliban claims not only that their policies are necessary to comply with the sharia, but that they are also popular with Afghans living in the country. This is strongly contested by other Afghans who resist Taliban rule. The continued suppression of women’s rights has undoubtedly had a negative impact on the popularity of the Taliban locally. It has also created major obstacles for any steps towards recognition by the international community.
7. The de facto authorities have failed to establish an administration that is inclusive of women and all ethnic and religious groups. Furthermore, the de facto administration continues to be composed entirely of men, predominantly of Pashtun ethnicity. The Taliban leader, Haibatullah Akhundzada, is apparently tightening his direct grip over State affairs, notably the security and intelligence sectors, and the reshuffling of judicial, security and civil officials, in particular at the subnational level, has become more frequent. He has also moved the spokesperson’s office of the de facto authorities from Kabul to Kandahar and established religious councils with decision-making power in over 20 provinces.
8. An estimated 85 per cent of Afghans live below the poverty line and the provision of humanitarian assistance is under stress. More than halfway through the year, the 2023 Afghanistan Humanitarian Response Plan remains severely underfunded with only $744 million received as at 31 July, which is less than half of the amount ($1.49 billion) received as at the same time in 2022. Bans on Afghan female aid workers have also generated additional financial and operating costs that require greater donor flexibility and funding. The World Food Programme has warned that funding will run out by October 2023 as a result of reduced donor funding, which could further affect millions of Afghans.
9. The Special Rapporteur has repeatedly heard from Afghan women and men that the distribution of assistance is frequently uneven and can be difficult to obtain, in particular for minority groups, older persons, female-headed households and persons with disabilities, and that distribution reportedly favours Taliban supporters. The ban on female staff affects the effectiveness of humanitarian actors in delivering services to women and girls, resulting in a narrow focus and reduced understanding of the needs of affected populations.