Situation of human rights in Afghanistan - Report of the Special Rapporteur on the situation of human rights in Afghanistan (Advance edited version) (A/HRC/55/80)

Human Rights Council
Fifty-fifth session
26 February–5 April 2024
Agenda item 2
Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General

Summary

The present report, submitted by the Special Rapporteur on the situation of human rights in Afghanistan, Richard Bennett, builds on his previous reports and covers human rights-related developments, mainly from September 2023 to January 2024.

I. Introduction

1. In the present report, submitted pursuant to Human Rights Council resolution 54/1, building on previous reports, the Special Rapporteur outlines human rights developments in Afghanistan during the period 1 September 2023 to 31 January 2024, with further reflections on changes in the human rights situation over the past year.

2. Two and a half years after the Taliban seized control over the territory of Afghanistan, human rights continue to worsen. In particular, the extent of the de facto authority’s disrespect for the fundamental rights of women and girls is unparalleled in the world. The level of suffering caused not only by the ongoing desperate humanitarian situation but also by gross, widespread and, in some cases, systematic violations of human rights is unacceptable.

3. In this environment, the Special Rapporteur shares the concerns of many Afghans that some members of the international community may be inching towards acceptance of the inevitability of the situation and that, in return for relative security and promises to control terrorism and narcotics, the de facto authorities will be increasingly “normalized”, if not formally recognized as a legitimate government, without making meaningful progress on human rights. However, there is a persuasive case to be made in customary international law in favour of using respect for human rights as a benchmark for recognition as a Government. In particular, and as noted in the joint report of the Special Rapporteur and the Working Group on discrimination against women and girls, which was submitted to the Council at its fifty-third session, the Taliban’s appalling treatment of women and girls framed in explicit gender policies violates the principles of the Charter of the United Nations and the fundamental spirit and norms of international human rights law, disqualifying them from being recognized as a Government and placing legal duties on other States not to support or endorse the regime. That matter will be explored further in the Special Rapporteur’s report to the Council at its fifty-sixth session where he has been mandated to report on the phenomenon of an institutionalized system of discrimination, segregation, disrespect for human dignity and exclusion of women and girls.

4. Although the Taliban’s authority in Afghanistan remains de facto, they have a duty to respect international human rights law, in particular the treaties ratified by the State of Afghanistan. However, as is once again highlighted in the present report, and in the Special Rapporteur's previous reports, the de facto authorities are failing in that duty, even in some cases in regard to their own commitments, such as the declared general amnesty for members of the former Government of Afghanistan and its security forces and the Taliban’s guidelines on the treatment of detainees. The Special Rapporteur also points to the human rights situation in other areas, including respect for the human rights of children, as well as women, ethnic and religious minorities, civic space, media, and economic, social and cultural rights. It is pertinent to note that the de facto authorities claim to have made progress on security, counter-terrorism, anti-corruption and drug control and to have stabilized the economy and improved infrastructure, despite impediments created by the international community, including the Security Council, the underfunding of humanitarian and development assistance and natural disasters, such as floods, droughts and earthquakes.

5. It is reasonable for the Taliban to argue, as they do, that they should be given credit for progress made, as is done in several parts of the present report, and they should not be held to double standards. However, the progress claimed, for example in the areas of security and anti-narcotics, has in some cases been achieved without regard for the human rights of individuals.

6. That leads to a key practical question that infuses a polarized debate on the possibility of change. Will the Taliban change if given the “right” incentives or are they unwilling to change or incapable of it? That is not a new question. In the recent independent assessment requested by the Security Council, the Special Coordinator appointed to the task proposed that Afghanistan be reintegrated into the international community if it achieved benchmarks, including on women’s and girls’ rights, in line with international human rights treaties. It is appropriate to be constructive while planning a way forward for an inclusive and stable Afghanistan, and the Special Rapporteur welcomes the priority given to human rights benchmarks, in particular respect for the equality of women and men. It is also important to take account of the weight of history, which offers little indication that the Taliban leadership is willing to embrace human rights. Their interpretation of the Hanafi school of Islamic jurisprudence, combined with their insistence on near-absolute sovereignty in which the authority of international human rights treaties is rejected (at least as far as it is inconsistent with their interpretation of sharia) may be irreconcilable with that goal.

7. The Special Rapporteur considers that States and other stakeholders must tackle those questions with a sense of realism and a commitment to international human rights law, while giving the highest priority to the human rights of Afghan citizens. There should be no normalization or legitimization of the Taliban until there are demonstrated and measurable improvements of their respect for human rights, as defined in international law.