Source:

Website: Afghan Independent Human Right Commission (AIHRC) ("Afghan Independent Human Right Commission (AIHRC)") [ID 897]

Document(s): Afghan Independent Human Right Commission (AIHRC)

Source:

Afghanistan Monthly Review December 2004: Human Rights [ID 908]

""In an interview published on 22nd December with UNOCHA’s IRIN, the head of the Afghan Independent Human Rights Commission, Dr Sima Samar, gave her assessment of the current human rights situation. [...] She commented that the various power holders ‘are beyond the law and do whatever they want’. As a consequence, she said: ‘there are still some very serious human rights violations in the country’, including arbitrary killings, torture and violence against women. She indicated her concern over forced marriages and land grabbing and also expressed the view that the police still think it is their right to torture a suspect or culprit.""

12.2007 - Source: UN High Commissioner for Refugees

Groups that are exposed to a heightened risk of violence, harassment or discrimination ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22997]

"The following groups are deemed to be exposed to a heightened risk of violence, harassment or discrimination:

• women and men at risk or victims of harmful traditional practices, including early and forced marriages, and exchange marriages;
• women who intend to marry without the consent of their family, refuse to agree to marry the person chosen by their families, or who have married, for example in a country of asylum, non-Muslims and are perceived as having violated tenets of Islam;
• women and men at risk or victims of being punished for uncodified “morality” crimes; and
• women and men who might be at risk of becoming victims of a blood feud; in Afghan tradition, blood feuds are conflicts between opposing families, tribes and armed factions emerging from disputes and killings over property or the violation of women’s honour."

Document(s): Open document

11.2007 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Vulnerable groups in Afghanistan ("11th European Country of Origin Information Seminar; Vienna, 21 - 22 June 2007; Country Report; Afghanistan") [ID 21960]

"Vulnerable Groups

- Opposition and “Opposition”
- “Allies of the internationals”
- Ethnic minorities
- Human rights defenders
- Journalists
- Women
- Children
- Disabled people

Opposition = the real opposition groups, including the reform-minded democrats.

“Opposition” = people who might, because of their background or because of a personal animosity with someone even at low levels of power be charged of being in opposition to the government. The lack of rule of law and of oversight of the current law enforcement agencies, especially the NDS allows for arbitrary arrests, mistreatment, fabricated charges and forced confessions etc.

Human rights defenders and journalists: the space is clearly shrinking, even moderate civil society leaders are receiving threats and increasing numbers of active civil society members are re-considering their activities, as it puts not only them but also their families at risk.

Women should practically not be returned to any part of Afghanistan without a male relative and / or certainty that they would have the necessary social networks to protect them. The same goes for children, and their right to education should also be considered.

Disabled people should not be returned."

Document(s): Open document

23.05.2007 - Source: Amnesty International

Government and international partners unable to ensure security ("Annual Report 2007") [ID 20282]

"The government and its international partners were unable to ensure security and a climate of political uncertainty grew in the course of the year. Armed conflict, marked by aerial bombardments and suicide bombings, escalated in southern parts of the country. At least 1,000 civilians were killed. Poor governance, the power of regional commanders and the impact of narcotics undermined the rule of law and human rights. Government security bodies committed human rights violations with impunity. There was little reform of judicial, law enforcement and security agencies. Women continued to face violence. Human rights defenders, including women, were targeted and killed. It became increasingly dangerous to speak out against human rights abuses and for justice."

Document(s): Open document

03.05.2007 - Source: Integrated Regional Information Network

Herat province: Up to 60 civilians may have died, almost 1,600 families displaced, many others need humanitarian assistance two days after US war planes bombed several villages, officials say ("Some 1,600 displaced after US air raids") [ID 20273]

Document(s): Open document

16.04.2007 - Source: Human Rights Watch

Overview of civilian deaths from insurgent attacks ("The Human Cost; The Consequences of Insurgent Attacks in Afghanistan") [ID 19610]

Document(s): Open document

04.2007 - Source: British Agencies Afghanistan Group

According to Afghanistan's Independent Human Rights Commission the US marines had violated international humanitarian law by using excessive violence ("BAAG Afghanistan Monthly Review; April 2007") [ID 20270]

"On 14th April, Afghanistan's Independent Human Rights Commission issued a report in which it stated that US marines had violated international humanitarian law by using excessive violence in reaction to a suicide bomb attack on their convoy on 4th March in Nangarhar Province."

Document(s): Open document

29.03.2007 - Source: Center for Strategic and International Studies

Report on the current situation (security, governance, participation, justice, accountability, economic conditions, social services, infrastructure and drugs) ("Breaking Point: Measuring Progress in Afghanistan") [ID 19359]

"Three of the report’s main findings are:

Conditions in Afghanistan have deteriorated in all key areas targeted for development, except for the economy and women’s rights.

Public expectations are neither being met nor managed;

Afghans are losing trust in their government because of an escalation in violence;"

Document(s): Report
Short summary

18.03.2007 - Source: Integrated Regional Information Network

HRW and Afghan Human Rights Commission call to create a legal framework to regulate US-led military activities; increasing number of civilians killed in military operations ("Rights watchdogs urge regulation of US-led military operations") [ID 19076]

Document(s): Open document

15.03.2007 - Source: UN General Assembly

Report of the Secretary-General on security situation, security institutions, political developments, economic and social developments, human rights and rule of law ("Report of the Secretary-General on the situation in Afghanistan and its implications for international peace and security [A/61/799–S/2007/152]") [ID 19345]

Document(s): Open document

06.03.2007 - Source: US Department of State

Human rights record of the country remains poor due to a deadly insurgency, weak central institutions, and the country's ongoing recovery from war ("Country Report on Human Rights Practices 2006") [ID 19136]

"Afghanistan is an Islamic republic with a population of approximately 30 million. In October 2004 Hamid Karzai was elected president in the country's first presidential election under its January 2004 constitution. In September 2005 the country held its first parliamentary elections in over two decades. While neither the presidential nor the parliamentary elections fully met international standards for free and fair elections, citizens found the parliamentary elections to be credible and the presidential elections acceptable. Afghanistan's human rights record remained poor due to a deadly insurgency, weak central institutions, and the country's ongoing recovery from two-and-a-half decades of war. While civilian authorities generally maintained effective control of the security forces, there were instances in which elements of the security forces acted independently of government authority. The Taliban and antigovernment elements continued to be responsible for threatening, robbing, attacking, and killing villagers, government officials, foreigners, and nongovernmental organization (NGO) workers. While the government expanded its authority over provincial centers, a few areas remained under the control of regional commanders or the Taliban following insurgent offensives. During the year, over 1,400 civilians died as a result of terrorist activities, including suicide attacks, roadside bombs, and gun assassinations. There continued to be instances in which security and factional forces committed extrajudicial killings and torture. Human rights problems included: extrajudicial killings; torture; poor prison conditions; official impunity; prolonged pretrial detention; abuse of authority by regional commanders; restrictions on freedoms of press, religion, movement, and association; violence and societal discrimination against women, religious converts, and minorities; trafficking in persons; abuse of worker rights; and child labor. The government continued to develop and professionalize its army and police force. Increased monitoring of police by internal and external monitors helped to prevent abuses. Human rights training became a normal aspect of training and education for most police. Extensive reporting of human rights abuses led to increased arrests and prosecutions of abusers. The government continued to make strides towards upholding human rights standards and took action to remove corrupt officials. In some areas of concern, even where there was commitment from the government, resources restricted the ability to uphold those standards."

Document(s): Open document

05.03.2007 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Report on the human rights situation (discrimination, violence against women, armed conflict and violence, impunity, deficits in democracy, institutional capacity and technical cooperation) ("Report of the High Commissioner for Human Rights on the situation of human rights in Afghanistan and on the achievements of technical assistance in the field of human rights [A/HRC/4/98]") [ID 19358]

Document(s): Open document

03.2007 - Source: British Agencies Afghanistan Group

Monatsbericht zu neuen Entwicklungen (März 2007) ("BAAG Afghanistan Monthly Review; March 2007") [ID 19962]

"The reputation of the international military is also affected by continuing incidents in which civilians are killed when they fail to respond to warning shots by international forces if they are thought to represent a threat. In one such incident, on 22nd March, a boy was killed in Kabul when his father’s vehicle was felt to be too close to an ISAF convoy. The Afghanistan Independent Human Rights Commission (AIHRC) has called on the US and Afghan Governments to create a legal framework to regulate US-led military activities in the country. AIHRC commented that Afghanistan’s Constitution and the six international human rights treaties that the country is signatory to are too vague to regulate multilateral military engagements in the country. Notwithstanding concerns in Afghanistan over the human rights record of the US militar y, the US State Department has commented on human rights in Afghanistan in its annual report for 2006 on the global human rights situation. It notes the impact of the insurgency and also refers to the responsibility of the Afghan Government for human rights abuses. It thus states: “There continued to be instances in which security and factional forces committed extra-judicial killings and torture”. It also comments: “The law prohibits arbitrary arrest or detention. However, both remained serious problems”. President Karzai referred a revised version of the draft amnesty bill to the Wolesi Jirga (Lower House of Parliament) at the beginning of the month, to include a provision which recognises the rights of victims to seek justice against alleged war criminals. This was passed by the Wolesi Jirga on 10th March."

Document(s): Open document

01.2007 - Source: Human Rights Watch

Afghanistan: A haven for human rights abusers, criminals and militant extremists? ("World Report 2007") [ID 18391]

"

Document(s): Open document

11.12.2006 - Source: Schweizerische Flüchtlingshilfe

Human rights abuses in the areas of arbitrary detention, discrimination of women and the death penalty are still continuing ("Afghanistan; Update") [ID 18382]

"Es gibt weiterhin Menschenrechtsprobleme in folgenden Bereichen:                                    – Die Diskriminierung von Frauen ist in der Gesellschaft tief verwurzelt.                                – Es gibt wenig Hoffnung auf Gerechtigkeit für die Opfer früherer und gegenwärtiger Menschenrechtsverletzungen.                                                                                                          – In Afghanistan wird für gewisse «Vergehen» weiterhin die Todesstrafe verhängt.           – Willkürliche Verhaftungen im Rahmen der Terrorismusbekämpfung – unter anderen von US-Truppen und deren Verbündeten."

Document(s): Open document

08.03.2006 - Source: US Department of State

Country Report on Human Rights Practices 2005 ("Country Report on Human Rights Practices 2005") [#46048], [ID 898]

"Afghanistan's human rights record remained poor due to weak central institutions, a deadly insurgency, and the country's ongoing recovery from two decades of war. While the government struggled to expand its authority over provincial centers, a few areas remained under the control of regional commanders. There continued to be instances in which security and factional forces committed extrajudicial killings and torture. Extensive reporting of human rights abuses led to increased action against abusers. The following human rights problems were reported:

* extrajudicial killings
* torture
* poor prison conditions
* official impunity
* prolonged pretrial detention
* abuse of authority by regional commanders
* restrictions on freedoms of press, religion, movement, and association
* violence and societal discrimination against women and minorities
* trafficking in persons
* abuse of worker rights
* child labor"

Document(s): Open document

07.03.2006 - Source: UN Security Council

Report of the UN Secretary-General on political process, security sector institutions, human rights, reconstruction process, security situation and UN activities ("The situation in Afghanistan and its implications for international peace and security; Emergency international assistance for peace, normalcy and reconstruction of war-stricken Afghanistan; Report of the Secretary-General [S/2006/145]") [#46440], [ID 899]

Document(s): Open document

03.03.2006 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Report of the High Commissioner for Human Rights on the human rights situation (discrimination, armed conflict and violence, impunity, democracy deficits, weak institutions) ("Report of the High Commissioner for Human Rights on the situation of human rights in Afghanistan and on the achievements of technical assistance in the field of human rights [E/CN.4/2006/108]") [#47793], [ID 900]

Document(s): Open document

01.2006 - Source: Human Rights Watch

Annual report on human rights situation in 2005 ("World Report 2006") [#42326], [ID 901]

Document(s): Open document

30.11.2005 - Source: International Crisis Group

Report on European Union involvement in reconstruction, development, security, institution-building and political process ("Rebuilding the Afghan State: The European Union’s Role") [#40153], [ID 902]

Document(s): Open document

17.07.2005 - Source: Afghanistan Justice Project

Report on violations of international human rights and humanitarian law between 1978 and 2001 ("Casting Shadows: War Crimes and Crimes Against Humanity, 1978-2001") [#37301], [ID 903]

Document(s): Open document

28.02.2005 - Source: US Department of State

Overview of human rights conditions ("Country Report on Human Rights Practices 2004") [#29542], [ID 906]

"The Government's human rights record remained poor; although there were some improvements in a few areas, serious problems remained. There were instances where local security forces and police committed extrajudicial killings, and officials used torture in prisons. Efforts to bring to justice serious human rights offenders were often ineffective; impunity from the law remained a serious concern. Punishment of officials usually took the form of administrative actions rather than prosecution. Prolonged pretrial detention and poor prison conditions led to deteriorating health conditions and death among some prisoners. The Government generally provided for freedom of speech, the press, assembly, association, religion, and movement; however, problems remained. Violence-including rape and kidnapping-and societal discrimination against women and minorities continued. Trafficking of persons was a problem. There was widespread disregard for, and abuse of, internationally recognized worker rights. Child labor continued to be a problem.
Terrorist attacks and severe violence continued during the year. Taliban, local commanders, and other antigovernment forces threatened, robbed, attacked, and occasionally killed local villagers, political opponents, and prisoners. Some areas outside Kabul were not under the Government's control. Increased Taliban, al-Qa'ida, and other antigovernment groups' activity, particularly in the south and southeast, added to security concerns. U.N. agencies and nongovernmental organization (NGOs) temporarily cancelled or curtailed their activities in these and other areas at various times during the year."

Document(s): Open document

13.01.2005 - Source: Human Rights Watch

2004 saw progress with largely peaceful presidential elections, while armed factions continue to abuse human rights and destabilize the country ("World Report 2005") [#28207], [ID 907]

"Despite some improvements, Afghanistan continued to suffer from serious instability in 2004. Warlords and armed factions, including remaining Taliban forces, dominate most of the country and routinely abuse human rights, particularly the rights of women and girls. The international community has failed to contribute adequate troops or resources to address the situation, and basic human rights conditions remain poor in many parts of the country, especially outside of Kabul.

Progress was made in stabilizing Afghanistan’s system of governance. Afghans began exercising their right to participate in the political process by approving a new constitution in January 2004, and selecting Hamid Karzai to a five-year term as president in a generally peaceful election in October—the country’s first universal suffrage, direct vote for the presidency. Afghans, including notable numbers of women, participated widely in both processes, but the legitimacy of both processes suffered due to inadequate preparation by the international community and the absence of sufficient security and monitoring."

Document(s): Open document
Open document

13.01.2005 - Source: Human Rights Watch

Local military and police forces are involved in serious human rights abuses, including torture and rape ("World Report 2005") [#28207], [ID 909]

"Local military and police forces, even in Kabul, have been involved in arbitrary arrests, kidnapping, extortion, torture, and extrajudicial killings of criminal suspects. Outside Kabul, commanders and their troops in many areas have been implicated in widespread rape of women, girls, and boys, murder, illegal detention, forced displacement, and other specific abuses against women and children, including human trafficking and forced marriage. In several areas, Human Rights Watch documented how commanders and their troops seized property from families and levied illegal per capita “taxes” (paid in cash or with food or goods) from local populations. In some remote areas, there are no real governmental structures or activity, only abuse and criminal enterprises by factions."

Document(s): Open document
Open document

26.11.2004 - Source: UN General Assembly

Report focused on political developments, security situation (disarmament, demobilization and reintegration, police and justice reform) human rights situation, health and nutrition, voluntary repatriation and reintegration ("Report of the Secretary-General on the situation in Afghanistan and its implications for international peace and security - Emergency international assistance for peace, normalcy and reconstruction of war-stricken Afghanistan A/59/581 S/2004/925") [#27496], [ID 910]

"39. The United Nations independent expert on the situation of human rights in Afghanistan, Cherif Bassiouni, who conducted his initial mission to Afghanistan from 14 to 21 August 2004, expressed serious concerns about the human rights situation. Mr. Bassiouni identified a number of priority issues for immediate action, mostly concerning conditions of detention (especially with regard to women and children); the illegal nature of the detention of 725 detainees transferred from Shibergan to Kabul a few months ago (and subsequently released); the lack of transparency in and the question of the legality of the detention of Afghan civilians by the coalition forces; the abduction and trafficking of children; and the need to address the continuing impunity of human rights violators, particularly local commanders."

Document(s): Open document

10.2004 - Source: Afghanistan Independent Human Rights Commission

Annual Report on development of human rights ("Annual Report 2003-2004") [#28181], [ID 911]

Document(s): Annual Report
Annex Zip with Report & Annex

21.09.2004 - Source: UN General Assembly

Report focused on armed conflict and past human rights and humanitarian law; security and the rule of law and on specific human rights violations ("Report of the independent expert of the Commission on Human Rights on the situation of human rights in Afghanistan A/59/370") [#28465], [ID 912]

"4. The human rights situation in Afghanistan involves an extensive range of issues, including past and present violations committed by both State and non-State actors, operating beyond the reach of the law as elements of widespread and systematic policies, and by individuals. The violations identified constitute gross violations of fundamental human rights such as extrajudicial execution, torture, rape, arbitrary arrest and detention, inhuman conditions of detention, illegal and forceful seizure of private property, child abduction and trafficking in children, various forms of abuse against women and a variety of other violations committed against the weaker elements of society, such as minorities, returning refugees, women, children, the poor, and the handicapped.
5. Key to understanding these violations are the problems of security in a country that is still dominated by the military power of warlords and local commanders and by the rising economic power of those engaged in poppy cultivation and heroin traffic (see paras. 37-38 below)."

Document(s): Open document

19.03.2004 - Source: UN General Assembly

Overall human rights environment persistent cause for concern ("The situation in Afghanistan and its implications for international peace and security A/58/742–S/2004/230") [#20724], [ID 913]

"[...] Overview of the human rights situation
38. As only limited progress has been made in the deployment of a professional, effective and accountable police force in the country, the overall human rights environment is a persistent cause for concern. UNAMA and the Afghan Independent Human Rights Commission continue to receive complaints of abuse by local commanders and local officials, particularly police and intelligence agents. Violations include intimidation, extortion, arbitrary arrest, illegal detention, and forced occupation of lands and houses. More can and must be done by the Transitional Administration to curtail these abuses. As President Karzai has acknowledged all too often the representatives of the State at the local level can be a significant source of insecurity. At the very least, criminals should be removed from their official positions if the confidence of the communities concerned in the Government, in particular the Ministries of Defence and the Interior and the National Security Directorate, is to be restored.
39. Against this background, we welcome the development of government institutions for the monitoring and protection of human rights. The Ministry of Foreign Affairs has established a Human Rights Unit and, with training by the Office of the United Nations High Commissioner for Human Rights (OHCHR), is initiating a programme of annual human rights treaty reporting. The first submission to OHCHR, due by the end of 2004, is expected to be on the implementation of the International Covenant on Civil and Political Rights. Technical assistance will also be provided to national non-governmental organizations in order to assist them in the preparation of their shadow report. The Ministry of the Interior’s Human Rights Unit, established in 2003, has expanded its operations to 24 provinces nationwide and has increased its Kabul-based operations. The unit has been limited by a shortage of resources, but the commitment to allocate $1.67 million from the Law and Order Trust Fund for Afghanistan should improve its capacity to monitor human rights compliance by the police force and to provide human rights training. [...]"

Document(s): Open document
Open document

19.03.2004 - Source: UN General Assembly

OHCHR to submit report on human rights violations committed 1978 to 2001 ("The situation in Afghanistan and its implications for international peace and security A/58/742–S/2004/230") [#20724], [ID 945]

"[...] 42. While the Commission continues to focus on the need to address current human rights violations, attention is now turning to past abuses. The Commission has begun a nationwide public consultation to ascertain the views of the population on how those crimes should be addressed. It is expected that this exercise, which is carried out with the support of the International Centre for Transitional Justice, will be completed in mid-2004. In the interim, OHCHR has initiated a mapping exercise of human rights violations committed from 27 April 1978 to 22 December 2001, and expects to finalize and submit to the Afghan Independent Human Rights Commission a draft compilation by September 2004. The draft and the national consultation process will assist the Afghan Transitional Administration in deciding how to pursue transitional justice. [...]"

Document(s): Open document
Open document

30.12.2003 - Source: UN Security Council

Report focused on security and human rights situation, disarmament, demobilization and reintegration of ex-combatants ("Report of the Secretary-General: The situation in Afghanistan and its implications for international S/2003/1212") [#18584], [ID 914]

Document(s): Open document
Open document

03.12.2003 - Source: UN General Assembly

Violations of human rights are routine in the absence of rule of law ("Report of the Secretary General on the situation in Afghanistan and its implications for international peace and security (A/58/616)") [#18064], [ID 915]

"39. In the absence of rule of law in Afghanistan, violations of human rights are, unfortunately, routine. During the reporting period, UNAMA has received and followed up on numerous complaints of political intimidation. Many of these include claims by the media, civil society and political parties that their freedom of expression has been curtailed. These violations have been observed mainly in Kabul, Herat and, to a lesser extent, Mazar-i-Sharif. The apparent increase in abuse in recent months, as the constitutional reform process and preparations for the national election get under way, are particularly worrisome. The legitimacy of these processes depends on unhindered participation by all Afghans.
40. The persecution and forced displacement of minority groups in the north and west, particularly of Pashtuns, led to the establishment in October 2002 of the Return Commission for the North. A recent mission to Faryab, Samangan, Balkh, Jowzjan and Sar-i-Pul provinces by the Return Commission Working Group determined that conditions amenable to the return of refugees and internally displaced persons generally exist in the region, though in several districts adequate security conditions are still lacking. Understandably, many internally displaced persons in the south indicated their unwillingness to return to their areas of origin in the north unless security can be guaranteed, impunity for commanders ended and disarmament, demobilization and reintegration implemented.
41. A preliminary assessment of the Dasht-i-Leily mass grave was conducted by forensic experts from the Office of the United Nations High Commissioner for Human Rights (OHCHR) in February 2003 (see A/57/762-S/2003/333, paras. 43 and 44, and A/57/487-S/2002/1173, para. 21). No further work has been conducted, as security for the site and for potential witnesses cannot yet be guaranteed. However, in this context, it is important both symbolically and as a deterrent against egregious violations of human rights that the Government took the important step of ratifying the Statute of the International Criminal Court on 10 February 2003."

Document(s): Open document

03.12.2003 - Source: UN General Assembly

Human rights education and training seminars for an array of constituents, including Government ministries, journalists, mullahs and religious scholars and the national police organized ("Report of the Secretary General on the situation in Afghanistan and its implications for international peace and security (A/58/616)") [#18064], [ID 946]

"42. Throughout the past year, the Afghan Independent Human Rights Commission, with support from UNAMA and OHCHR has refined its capacity to process petitions and complaints and to conduct human rights investigations. The ability of the Commission to serve as an effective advocate for victims of abuse has been aided by its relationship with the United Nations. The Commission has also begun to operate at the national level following the opening of seven satellite offices across the country between March and May 2003. The arrival of the Chief Technical Adviser to the Commission has facilitated its strategic planning and prioritization of activities. The Commission has consulted with the Judicial Reform Commission and the Constitutional Commission to ensure that the latter adequately reflects human rights concerns, and has also organized a number of human rights education and training seminars for an array of constituents, including Government ministries, journalists, mullahs and religious scholars and the national police. Additionally, the Human Rights Advisory Group, established in the context of the consultative process for the national development budget and chaired by the Commission, has provided a monthly forum for representatives of the Government, the donor community, the United Nations and non-governmental organizations to coordinate broader human rights issues."

Document(s): Open document

12.2003 - Source: Afghanistan Research and Evaluation Unit

Political affairs officers no substitute for properly mandated human rights observers ("Ending Impunity and Building Justice in Afghanistan (by Rama Mani)") [#18195], [ID 916]

"[...] 2.2.1. Tolerance of Human Rights Abuses An indirect consequence of the international community’s reticence to address the past is a reluctance to address present day human rights violations. The human rights violations of today are a continuation of war-time violations, as they are perpetrated often by the same forces and due to the same permissive factors that existed during the war. UNAMA received serious criticism in the early days of its mandate for its lack of attention to human rigths: according to senior staff UNAMA considered its prime responsibility as “protecting the living not the dead,” which meant not attending to past human rights violations. It also viewed addressing human rights as a distraction from or threat to the more important priority of security. The monitoring and reporting of human rights violations was kept to a minimum. This was because of the belief that it was not UNAMA’s responsibility. This position was derived from UNAMA’s fear that reporting human rights violations would offend their violators who were key parties to the Bonn Agreement and whose continued cooperation was deemed vital for the political process. Thus addressing the causes of human rights violations came to be seen as a threat to security. In volatile situations like Afghanistan, human rights abuses serve as important indicators of insecurity if their trends, patterns and intensity are closely monitored. If addressed firmly and promptly, human rights violations can be checked and more importantly, insecurity can be prevented from expanding. Human rights abuses are not a distraction from the primary preoccupation of insecurity, but are central to it. UNAMA’s attitude towards human rights has undergone an evolution over time. UNAMA’s human rights unit has been strengthened, while political affairs officers with a human rights mandate have been put in place in many if not all UN provincial offices.19 Political affairs officers are, however, no substitute for properly mandated human rights observers.
A variety of reasons are put forward by UNAMA staff for the absence of human rights observers across the country. It is argued that human rights observers serve no purpose when there is no state authority to fulfil human rights obligations. It is postulated that the preoccupation of UNAMA should be to rebuild such institutions to protect human rights rather than simply to monitor their abuses. It is also pointed out that there is no security to protect observers if they were to be deployed. While all these factors have weight, the fact remains that in other volatile and insecure environments the UN or regional organisations have deployed human rights observers. This was not done in Afghanistan and nor is it being considered. All that can be noted is that the current situation marks an improvement over the past.
UNAMA has also begun to acknowledge that the independent reporting of human rights violations is an important component of the agency’s overall approach to human rights, even if that approach is geared more towards institution-building and rule of law to prevent abuses. UNAMA staff do note that they find the reporting of human rights violations by other independent groups an important and useful contribution, even if they do not feel that this is their own responsibility. While the attitude towards human rights has evolved to some extent, the link between present and past violations does not seem to have been openly acknowledged and there has been no parallel change in the approach to dealing with past violations. [...]"

Document(s): Open document

12.2003 - Source: Afghanistan Research and Evaluation Unit

Minimal deployment of human rights observers not comparable to other recent post-conflict countries ("Ending Impunity and Building Justice in Afghanistan (by Rama Mani)") [#18195], [ID 917]

"[...] This minimal deployment is not in the least comparable to several recent post-conflict or transitional countries where human rights monitors were posted across the country from an early stage and throughout the peacebuilding process. In Guatemala, for example, a country similarly wracked by three decades of war, a UN verification mission was deployed two years before the end of the conflict, that is while hostilities continued, with the specific mandate of monitoring and verifying the global agreement on human rights through offices covering the entire country. Human rights observers across the country remain in place today, almost a decade after their initial deployment and seven years after the termination of war, albeit in reduced numbers. They are committed to remaining in country not only through the coming presidential elections in December 2003, but until at least June 2004 to monitor developments under a newly elected government. [...]"

Document(s): Open document

19.11.2003 - Source: CARE International

Comprehensive survey of the human rights of ordinary Afghans since the fall of the Taliban: results show security remains the number one priority for Afghans ("Speaking Out: Afghan Opinions on Rights and Responsibilities") [#17742], [ID 918]

Document(s): Full report
Executive summary

06.10.2003 - Source: Amnesty International

Report on Afghan women facing human rights violations ( physical violence in the home, rape, underage and forced marriage, violence by armed groups, sexual abuse in custody, lack of access to divorce) ("Afghanistan "No-one listens to us and no-one treats us as human beings" - Justice denied to women") [#16548], [ID 919]

Document(s): Open document
Open document

06.10.2003 - Source: UN General Assembly

Mandate of Afghan Independent Human Rights Commission (AIHRC) ("Report of the Special Rapporteur of the Commission on Human Rights on violence against women, its causes ad consequences, on the situation of women and girls in Afghanistan (A/58/421)") [#17532], [ID 947]

"18. The Afghan Independent Human Rights Commission (AIHRC) was set up in June 2002. It has a mandate to investigate and monitor all human rights violations and to establish a programme of human rights education. AIHRC has established regional offices and is receiving, and actively investigating, allegations of human rights abuses as well as providing training and human rights awareness campaigns. AIHRC has a plan of action specifically concerned with women’s rights. According to the work plan, its main objectives are: (i) Promoting awareness about women’s rights and their participation in governmental affairs; (ii) improving coordination between AIHRC, government departments, United Nations agencies, and international and national NGOs; (iii) monitoring and reporting violations of women’s rights in Kabul and in the provinces; (iv) supporting women’s informed and active participation in the Constitutional Loya Jirga and the elections, as well as ensuring that equality of rights between women and men are integrated into the constitution; (v) monitoring Afghanistan’s legislative system to ensure the observance of respect for women’s rights; (vi) monitoring the situation of women in prisons and detention centres with the assistance of the Monitoring and Investigation Section; (vii) training of AIHRC staff on protection and promotion of women’s rights. The efforts of AIHRC and its satellite offices are constrained by a lack of capacity, particularly to engage in an all-encompassing judicial monitoring programme, including court observation. The Office of the High Commissioner for Human Rights (OHCHR) is providing technical assistance to strengthen AIHRC, however, further assistance from the international community is urgently needed."

Document(s): Open document

16.09.2003 - Source: Integrated Regional Information Network

According to the Afghan Independent Human Rights Commission (AIHRC) human rights violations on the rise ( judicial killings, rape, the trafficking of women and children, the widespread destruction of public and private property and arbitrary detention) ("Rights violations on the rise, says commission") [#16087], [ID 920]

"The Afghan Independent Human Rights Commission (AIHRC) has confirmed that human rights violations are on the rise throughout the country. "Unfortunately forsix months the graph of human rights violation is increasing day by day," Nadir Nadiri, a spokesperson for AIHRC, told IRIN in the capital Kabul on Monday.

Although more instances of human rights abuses are currently reported due to more effective monitoring, Nadiri said continued extra-judicial killings, arbitrary detention and the presence of unofficial prisons run by warlords were the major concerns of AIHRC. "There is no rule of law, the police that are responsible for the rule of law, they themselves are violators and are acting against the law," the spokesperson claimed.

He said AIHRC had registered 634 violations since June 2003,including extra judicial killings, rape, the trafficking of women and children, the widespread destruction of public and private property and arbitrary detention. According to an AIHRC report issued this week, the majority of cases reported related to the destruction of private houses, evictions and forced occupations."

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23.07.2003 - Source: UN General Assembly

Illegal taxation and extortion, forced displacement, kidnapping, rape, arbitrary detention and other violations are routine ("Report of the Secretary-General on the situation in Afghanistan and its implications for international peace and security A/57/850–S/2003/754") [#14760], [ID 921]

"39. The human rights situation in Afghanistan remains a matter of serious concern. Throughout the country, the absence of the rule of law facilitates the abuse of power, most often by local commanders and factional forces, and creates an environment where illegal taxation and extortion, forced displacement, kidnapping, rape, arbitrary detention and other violations are routine. The situation of women remains unsatisfactory. Without adequately resourced and professionally trained judicial and law enforcement institutions, victims have no legal recourse and perpetrators act with impunity. Protecting and promoting the rights of all Afghans is conditional upon developing the capacity of national human rights institutions and, above all, upon improving security throughout the country.
40. Open debate among citizens is essential to the emergence of a pluralistic government and will be of particular importance during the constitutional consultation and the elections. One positive sign was the appointment by the President, on World Press Freedom Day, of a commission to protect journalists. Nonetheless, intimidation of journalists in Afghanistan, and threats against them have continued during the reporting period, most notably in Herat, where the local government appears intent on silencing any form of opposition, but also in Kabul and Mazar-i-Sharif. On 17 June 2003, the Supreme Court ordered the weekly Afghan newspaper Aftab to be closed and the editor and deputy editor arrested for defamation of Islam. Reform of the Afghan Press Law will be necessary, particularly in order to allow political debate during the run-up to the elections next year. State control over radio and television will also need to be reformed to ensure that independent political parties have access to broadcasting."

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23.07.2003 - Source: UN General Assembly

Seven satellite offices of the Afghan Independent Human Rights Commission are now fully operational ("Report of the Secretary-General on the situation in Afghanistan and its implications for international peace and security A/57/850–S/2003/754") [#14760], [ID 948]

"41. On 18 May 2003, the Afghan Independent Human Rights Commission completed its planned expansion in the interior of the country. Seven satellite offices are now fully operational. These offices will enable it to monitor more closely the human rights situation throughout the country as public consultation on the constitution and initial preparations for next year’s elections are carried out. The staff of the Commission have established good working relations with the staff of UNAMA area offices. Joint monitoring and investigation of human rights violations, as well as the organization of educational and other promotional activities, are being conducted in all areas.
42. The Human Rights Advisory Group, established in the context of the consultative process for the national development budget and chaired by the Afghan Independent Human Rights Commission, has conducted monthly meetings, providing a forum for representatives of the Transitional Administration, the donor community, the United Nations and non-governmental organizations to discuss and coordinate broader human rights issues. The Advisory Group members established benchmarks for the mainstreaming of human rights across government ministries, made recommendations on the creation of an internal accountability mechanism in the police, addressed protection issues related to internally displaced persons and refugees, and is currently providing a venue for participants to discuss the concern that the constitutional consultations should be held in an environment free from intimidation."

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07.2003 - Source: Freedom House

Annual survey of political rights and civil liberties 2002 ("Freedom in the World 2003") [#14495], [ID 922]

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07.2003 - Source: ReliefWeb

Report on security and human rights situation: new wave of attacks, arbitrary violence and human rights abuses ("BAAG Afghanistan Monthly Review; July 2003") [#16030], [ID 923]

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05.2003 - Source: US Commission on International Religious Freedom

Report focused on political and human rights situation, constitution and judicial reconstruction ("Report on Afghanistan") [#13728], [ID 924]

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04.2003 - Source: UK Home Office

Country Assessment - April 2003 ("Country Assessment - April 2003") [#13419], [ID 925]

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07.03.2003 - Source: Danish Immigration Service

Witnesses of human right violations at risk ("The Political, Security and Human Rights Situation in Afghanistan: Report on fact-finding mission to Kabul and Mazar-i-Sharif, Afghanistan and Islamabad, Pakistan; 22 September - 5 October 2002") [#11326], [ID 926]

"An international source believed that people, who have drawn attention to or witnessed human rights violations, are presently among the groups most at risk. The source had several examples of families, where the men who had given information about such situations had been subjected to mass rapes of their wives and daughters as a reprisal.
CCA found that the situation is generally good in Kabul, as there is no arassment or political arrests, but in the provinces the commandants are powerful and influential, and in some areas, the government has no power. In this context the source pointed to the Uruzgan province and Herat, in particular."

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03.02.2003 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Human rights monitoring capacity thoroughly inadequate ("Civil and political rights, including the question of disappearances and summary executions E/CN.4/2003/3/Add.4 E/CN.4/2003/3/Add.4") [#10765], [ID 927]

"46. In general, the Special Rapporteur wishes to note that the human rights monitoring capacity of the United Nations as well as that of the Transitional Administration is thoroughly inadequate, which makes it impossible to have a clear picture of the human rights situation throughout the country."

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02464afgh.pdf

03.02.2003 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Reports that extrajudicial executions are frequently taking place ("Civil and political rights, including the question of disappearances and summary executions E/CN.4/2003/3/Add.4 E/CN.4/2003/3/Add.4") [#10765], [ID 928]

"42. The information collected during the mission indicates that incidents of extrajudicial and summary executions have dramatically decreased since the transition, but nevertheless are frequently taking place and the situation warrants concern. In many places an atmosphere of fear prevails, especially in areas outside of Kabul. For example, during preparations to the Emergency Loya Jirga and leading up to it, the situation was tense. More reports of threats and killings by local and regional commanders were recorded. Political patronage to these commanders is also a factor which emboldens them. The Special Rapporteur was told, without any cogent proof, that neighbouring countries were suspected of backing some of these commanders or officials of the administration. The United States-led coalition appears to have provided resources and arms to some key commanders until October 2002, which were, according to some reports used to maintain their militias."

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02464afgh.pdf

03.02.2003 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Level of cruelty experienced by the Afghan people has not reached ordinary people elsewhere throughout the world ("Civil and political rights, including the question of disappearances and summary executions E/CN.4/2003/3/Add.4 E/CN.4/2003/3/Add.4") [#10765], [ID 929]

"38. There is a general awareness of the atrocities committed by various groups, actors and authorities in Afghanistan but knowledge about the level of cruelty experienced by the Afghan people has not reached ordinary people elsewhere throughout the world. In particular, for lack of proper information, many Muslims look up to the Taliban rule as truly Islamic. This disinformation or misconception has to be corrected so that religious-based prejudices are contained and addressed. An accountability process, which is slow but sure, will be another opportunity to set the record straight and to shift public attention to the actual cause of some of the major and grave human rights violations.
39. There are fears of losing witnesses and evidence as time goes by. The Special Rapporteur was informed of intimidation of witnesses and some of them feared reprisals. The process for accountability must therefore be initiated sooner rather than later. It must be even-handed and not seen to target any one ethnic or sectarian group. It is therefore imperative to take stock of excesses committed during the past many years of conflict."

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02464afgh.pdf

14.01.2003 - Source: Human Rights Watch

HRW: Serious security problems ("World report 2003") [#10283], [ID 930]

"Human rights conditions generally improved in Afghanistan in 2002, but even with the Taliban no longer in power, Afghanistan continued to suffer from serious security problems. Warlords who sprang up in the Taliban's place committed serious human rights abuses against civilians and Taliban combatants. In many areas, women and girls faced the same security problems that existed under the Taliban, and sometimes the same government-enforced restrictions. Returning refugees and internally displaced persons faced problems ranging from insecurity to lack of basic humanitarian assistance. There were also a significant number of civilian casualties from the U.S. military campaign, some of which may have been the result of violations of international humanitarian law."

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23.10.2002 - Source: BBC News

UN Special Rapporteur calls for accountability for past human rights violations and imposition of the rule of law; Afghan judicial system does not yet meet standards to impose death penalty; 2 death sentences have already been passed ("Call for Afghan war crimes inquiry") [#9228], [ID 931]

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11.07.2002 - Source: UN Security Council

UN Secretary-General: Human rights situation requires presence of strong human rights institutions ("The situation in Afghanistan and its implications for international peace and security [A/56/1000–S/2002/737]") [#49253], [ID 932]

"15. The human rights situation in Afghanistan clearly requires the presence of strong human rights
institutions. In recent weeks, the United Nations Assistance Mission in Afghanistan (UNAMA) has had to approach local and national authorities on a range of human rights problems, including inhumane conditions
in the Shiberghan prison, attacks on minorities and aid workers in the north, and scattered acts of Loya Jirga related intimidation around the country. My Special Representative and his staff have consistently intervened with local commanders, regional authorities and national officials, and have insisted on full accountability for perpetrators.
16. In this respect, the lack of progress and transparency regarding the investigation into the murder of the Minister for Civil Aviation and Tourism, Abdul Rahman, four months after his killing is deeply disappointing. The politically motivated arrests and month-long detention — without trial or the issuing of charges — of alleged Hezb-e-Islami activists in April by the National Directorate for Security highlighted the need to bring the security services under the rule of law. In this regard, President Karzai’s promise to establish a commission to overhaul the National Directorate for Security is a welcome development.
17. With regard to freedom of the press, after the issuance in February 2002 of a “press law decree” that elicited much criticism for its prescriptive nature, the Ministry of Information and Culture issued a statement on the reconstruction and development of media in Afghanistan. The statement announced a thorough review of media policy based on the recognition of the role of the press as a major factor of transparency and accountability in Afghanistan."

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