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AFGHANISTAN

Human Rights Issues

  Overview
Death penalty
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11.03.2008 - Source: US Department of State

Members of some indigenous minority groups (Sikhs, Hindus) operated private schools to avoid harassment and to provide religious and cultural education ("Country Report on Human Rights Practices 2007") [ID 23986]

"Public school curricula continued to include Islamic content but no content from other religious groups. Non-Muslims were not required to study Islam, and there were no restrictions on parental religious teaching. Members of some indigenous minority groups, such as the Sikhs, operated private schools to avoid harassment and to provide religious and cultural education to their community. In July the MOE opened a school for local Sikh and Hindu children in Ghazni Province."

Document(s): Open document

11.03.2008 - Source: US Department of State

Sikhs and Hindus continued to face discrimination, including intimidation, discrimination when seeking government jobs and verbal and physical abuse in public spaces ("Country Report on Human Rights Practices 2007") [ID 24000]

"There were approximately 500 Sikhs and Hindus in the country. Those communities, although allowed to practice their faith publicly, reportedly continued to face discrimination, including intimidation; discrimination when seeking government jobs; and verbal and physical abuse in public places, including during major celebrations. Unlike in previous years, when Hindus complained of not being able to cremate the remains of their dead in accordance with their customs, the government stepped in to protect their right to carry out cremations. Although community representatives expressed concerns over land disputes, they often chose not to pursue restitution through the courts for fear of retaliation, particularly when powerful, local leaders occupied their property."

Document(s): Open document

11.03.2008 - Source: US Department of State

Discrimination of non-Muslims in schools; Sikh and Hindu students prevented from enrolling in some schools and others stopped attending due to harassment; government did not implement measures to protect these children ("Country Report on Human Rights Practices 2007") [ID 24001]

"Non-Muslims faced discrimination in schools. The AIHRC continued to receive reports that students belonging to the Sikh and Hindu faiths were prevented from enrolling in some schools and others stopped attending due to harassment from both teachers and students. The government did not implement measures to protect these children but did open the first government-sponsored school for Sikh and Hindu children in Ghazni Province. In both Jalalabad and Kabul, the community representatives expressed concerns that they would not be able to accommodate returning families. While Hindus and Sikhs had recourse to dispute resolution mechanisms such as the Special Land and Property Court, in practice the community felt unprotected. Although Hindus reported being harassed by neighbors in their communities, there were no known reports of discrimination against Hindus by the government."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Discrimination against members of the Hindu and Sikh communities at schools or when seeking jobs; little support from the government ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22652]

"Members of the Hindu and Sikh communities report being discriminated against when seeking jobs with the local and national Government. Furthermore, Sikh and Hindu children were reportedly unable to attend schools due to harassment from teachers and students. The Government took limited steps to protect these children, such as opening the first-ever Government-sponsored school for Sikh and Hindu children in Ghazni. Although allowed to practise their faith publicly, Sikh and Hindu communities continue to face problems obtaining land for cremation."

Document(s): Open document

14.09.2007 - Source: US Department of State

Most Hindus and Sikhs took refuge during the many years of conflict; in general, Hindu communities face less harrasment than Sikh communities ("International Religious Freedom Report 2007") [ID 21527]

"Most of the small Hindu and Sikh populations, which once numbered approximately 50,000 persons, took refuge abroad during the many years of conflict; however, there is a small population of native-Afghan Hindus and Sikhs that never left [...].

During the reporting period, there were approximately 3,000 Sikhs and Hindus living in the country. There are seven gurdwaras, Sikh places of worship, in Kabul, where worshippers generally were free to visit, and few threats were reported. The Hindu population, which is less distinguishable than the Sikh population whose men wear a particular headdress, faced little harassment. There were approximately six Hindu temples in four cities. An additional eighteen were destroyed during the many years of war."

Document(s): Open document

14.09.2007 - Source: US Department of State

Government’s support for Sikh and Hindu schools limited ("International Religious Freedom Report 2007") [ID 21646]

"The Government provided limited funding or assistance for Sikh schools. The Sikh community chose to send its children to its own schools because of reported abuse and harassment in government-run schools. In July 2007 the Ministry of Education opened a school for Sikh and Hindu children in Ghazni province. A Sikh school in Kabul has been privately run with no assistance from the government for several years and reported having only one full-time teacher for 120 students. There were no Christian or Jewish schools in the country."

Document(s): Open document

01.2006 - Source: Afghan Hindu und Sikh Verband in Deutschland

On situation of Hindu and Sikh communities in Kabul, based on fact-finding mission in December 2005 (in German) ("Zur Lage der Hindus und Sikh-Minderheit im heutigen Afghanistan") [#45692][ID 1105]

Document(s): Open document

11.2004 - Source: Danish Immigration Service

Hindus and Sikhs can practice their religion; conversion from Islam is not allowed ("The political conditions, the security and human rights situation in Afghanistan; Report on fact-finding mission to Kabul, Afghanistan 20 March – 2 April 2004") [#27424][ID 1106]

"The sources consulted by the delegation explained that Hindus and Sikhs can remain in Afghanistan without having problems owing to their religion, but that conversion from Islam to other religions is not allowed.
The EU Special Representative was aware of the fact that Ismaili Muslims had complained about being harassed during a ”happening” they had arranged in connection with the preparations for the elections. The source had no information on Sikhs or Hindus being subject to any form of harassment, but was of the impression that the groups might be subject to discrimination. The source had no information concerning the
situation for Christians.
The AIHRC mentioned that Sikhs and Hindus had some problems under the Taliban, but today they can generally practice their religion without encountering any major problems. The source explained that there are no reports on whether Christian families are have any difficulties in practising their religion. However, people converting from Islam to other religions are sentenced to death.
An international NGO reported that religion in Afghanistan today is a very sensitive topic. The constitution underlines that Afghanistan is an Islamic society but that people who belongs to other religions can practice their religion within the limits of the law. The source mentioned that there are Hindus and Sikhs and a very small group of Christians in Afghanistan.
The CCA explained that Hindus and Sikhs can practice their religion without any risk of harassment. Conversion is not permitted and the CCA did not know of persons who have converted from Islam to other religions in Afghanistan. The CCA assumed that a person who has converted will in the first instance encounter problems with his/her own family and social network, which will not accept the conversion, and later he/she will get problems with the surrounding community (see section 6.9, persons in mixed marriages). (p. 43)"

Document(s): Open document

18.12.2003 - Source: Institute for War and Peace Reporting

Hindu and Sikh community fear the lack of protection for them as minority religious groups ("Hindus Fear Constitutional Rights Inadequate") [#18311][ID 1107]

"The draft constitution now being considered by Afghanistan’s Loya Jirga is causing disquiet amongst the Hindu and Sikh community over what they see as its lack of protection for them as minority religious groups.

Although what was once a large community has shrunk to just a few thousand, the remaining Hindu and Sikhs have tried to regain some of their rights since the end of the hardline Taliban regime, and have followed the development of a new constitution in the hope that it would enshrine tolerance towards local non-Muslims.

“Article 3 talks only about respect for Islam, and does not mention other religions,” said Cherang Singh, one of three Hindu and Sikh delegates at the gathering.

He believes that the stipulation that the head of state must be Muslim is discriminatory.

“We too are Afghans, and our fathers were Afghans, so why do we not have the right to run for president in future?”

In the draft, Islam is proclaimed the state religion although religious minorities are given freedom of worship.

There have been Hindus and Sikhs in Afghanistan for centuries, although numbers dwindled in recent years because of prolonged conflict as well as discrimination. Unfair treatment reached a peak under the Taleban, which instituted rules to make Hindus and Sikhs wear specially-marked clothes.

Now that a new constitution is being debated, Sikh representative Otar Singh sees the lack of specific provisions for minority groups as a cause for concern, “In Article 17 they mention improvements to education, higher education and religious studies, mosques, religious schools and religious centres – but our temples are not mentioned. That is a clear example that our rights have not been borne in mind.” [...]"

Document(s): Open document

18.11.2003 - Source: Danesch, Mostafa

On situation of Hindu minority and overall political background; possible risks upon return have increased dramatically since 2002 because of the general "re-Islamization" and of the Taleban's recovery (expert opinion, in German) ("Stellungnahmen vom 7.11.2003 und vom 18.11.2003 an VG Wiesbaden - 7 E 2289/03.A(V) -") [#19461][ID 1108]

Document(s): Open document

29.07.2003 - Source: UN High Commissioner for Refugees

Different forms of public intimidation ("UNHCR-Stellungnahme zur Frage der Flüchtlingseigenschaft afghanischer Asylsuchender (aktualisierte Zusammenstellung)") [#14757][ID 1109]

"Es gibt in Afghanistan etwa 3.500 Sikh- und Hindu-Familien, die überwiegend in den Provinzen Kabul, Ghazni, Kandahar, Helmand und Nangahar leben. Bis 1992 litten sie nicht unter Diskriminierung und konnten ihre Religion in den städtischen Zentren, in denen sie überwiegend lebten, frei ausüben. Während des Bürgerkrieges und der Herrschaft der Taliban wurden viele ihrer Tempel zerstört oder als Militärstützpunkte benutzt. Die Gemeinschaft leidet immer noch unter den Folgen der strengeren und weniger toleranten Anwendung islamischer Werte durch den Staat und die verschiedenen Gruppierungen, die während der vergangenen 14 Jahre an der Macht waren. In der Folge sieht sich die Gemeinschaft immer noch verschiedensten Formen von Einschüchterungen in der Öffentlichkeit ausgesetzt, und ihre Kinder können nicht mehr wie früher die damals existierenden Sikh/Hindu-Schulen besuchen. Manche der aus Indien zurückkehrenden Sikh- und Hindu-Familien behaupten, dass es nicht möglich war, ihren Grundbesitz zurückzuerlangen."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

DIS: Situation of religious minorities such as the Shias as well as Hindus and Sikhs is generally good ("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 1110]

"UNHCR-Kabul believed that the situation of religious minorities such as the Shias as well as Hindus and Sikhs is generally good. According to UNHCR-Kabul a very limited number of Sikhs have returned from Pakistan. It was a few women - widows - and the number of Sikhs in Afghanistan today is generally very limited. [...]
The EU's special representative also believed that the situation for Shias and non-Muslim groups such as Hindus and Sikhs is generally good today. However, there are very few people in Afghanistan today belonging to the two latter groups.
Similarly CCA said that today there is religious tolerance towards groups such as Shias, Ismaelis, Hindus and Sikhs as well as their right to practice their religion. According to CCA, the two latter groups have their own temples in Kabul. CCA had no reports of any harassment of the groups mentioned due to their religion from anywhere in Afghanistan. According to CCA, it is not permitted to convert from Islam to Christianity, and to do so carries the death penalty."

Document(s): Open document

17.06.2002 - Source: Integrated Regional Information Network

IRIN : Focus on Hindus and Sikhs in Kandahar ("AFGHANISTAN: Focus on Hindus and Sikhs in Kandahar") [#8313][ID 1111]

"Of the estimated 50,000 Hindus and Sikhs living in Afghanistan 10 years ago, most have left. Only about 1,000 Sikhs remain in the country today, half of them concentrated in Jalalabad, the provincial and commercial capital of the eastern Nangarhar Province.
"There are four or five Hindu families and about 15 Sikh families in Kandahar city, and a further 15 to 20 families in Helmand Province, Daulat Ram told IRIN. He had been a photographer before the Taliban came and banned photography. "I have been working as a labourer for the past six years," he said, adding that he was hoping to resume his former trade.
Hindus and Sikhs in the southern region and elsewhere in Afghanistan are now hoping for a more peaceful life. They suffered most during the time of the mujahedin between 1991 and 1994, the period during most of them left the country, an aid worker told IRIN."

Document(s): Open document

08.04.2002 - Source: UN High Commissioner for Refugees

UNHCR Sub-Office Eastern Region District Profiles: District Jalalabad (Nangarhar) ("UNHCR Sub-Office Eastern Region District Profiles: District Jalalabad (Nangarhar)") [#7352][ID 1112]

"Mohd Younus Khalis (Pashtun), leader of Hezb e Islami (Khalis group), is based in Jalalabad . Hazrat Ali (Pashayee), a former commander of Khalis who later became a key member of the Northern Alliance in the eastern zone, is head of the military garrison. Haji Zaman (Pashtun), a former commander of Pir Gilani party has left Jalalabad City in May 2002 and he was replaced by Gul Karim, another commander linked to Hazrat Ali.
Haji Abdul Qadir, a former commander of the Khalis group, is currently Governor of Nangarhar Providence.
[…]
Minority Issue:
There was previously a significant Hindu and Sikh community in Jalalabad (3,500 families). Most of these left for India in the late 1980s and early 1990s. There are now approximately 135 families remaining. Most of their children are educated in religious schools. Many houses belonging to Hindus and Sikhs were seized by the Mujahedin in the early 1990s. The protection situation of this group requires further monitoring."

Document(s): Open document