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AFGHANISTAN

Human Rights Issues

  Overview
Death penalty
  Torture/Ill-treatment
Arbitrary detention
  Fair trial
Prison conditions
  Demonstrations
Ethnic affiliation
  Religious affiliation
Political affiliation
  NGOs and Human Rights Defenders
Women
  Children/Youth Sexual orientation
  Media/Journalists
Military Service/Desertion
  Refugees

Source:

Non-state armed groups: many children, especially boys, transport small arms and drugs across the border; alternative source of income to support their families [ID 1415]

"Armed opposition forces contributed to increasing insecurity, especially outside Kabul. The Taliban continued to be active in the southeast and east of the country. Hundreds of thousands of armed combatants remained with private militia groups engaged in interfactional fighting, which escalated in recent months. In some areas there were reports that armed groups abducted women and girls. Many children, especially boys, transported small arms and drugs across the border to the North West Frontier Province. Some former child soldiers saw this as an alternative source of income to support their families. The US military acknowledged that at least three children, aged 13 to 15, were among the detainees held in Guantanamo Bay, Cuba. It said they were believed to have participated in armed conflict in Afghanistan. Amnesty International, Human Rights Watch and other human rights groups criticized the detention of the children, stating that child detainees should be charged with a recognizable offence, provided with full judicial safeguards and transferred to a suitable juvenile detention facility. The US government described the children as “very, very dangerous people”, but the US military official in charge of the Guantanamo operations, General Geoffrey Miller, was reportedly seeking to have the children released in recognition of their age and co-operation."

Source:

Website of Kabul Department of Orphanages [ID 1434]

Document(s): Open document

11.03.2008 - Source: US Department of State

Information on juvenile detention centers and children incarcerated with their mothers ("Country Report on Human Rights Practices 2007") [ID 23662]

"Children under 12 years of age whose mothers had been convicted of a crime were incarcerated with their mothers. Prisons did not have the capacity to separate prisoners and lacked adequate separate housing for women, accompanying children, and juveniles. In Pol-e-Charkhi prison, as in other parts of the country, juveniles frequently were detained with adult prisoners, unless space permitted. Prisoners awaiting trial generally were not separated from the rest of the inmate population. According to an AIHRC report, children in juvenile detention centers were normally kept in areas where they were exposed to the possibility of physical and sexual exploitation. There were approximately 134 juvenile offenders in correction facilities, but 12 provinces did not have specialized juvenile correction centers. In December Pol-e-Charkhi prison held 106 female inmates, 58 of whom were accompanied by their children, who had not committed any crimes. A local NGO tried to provide kindergarten activities for some of the incarcerated children; however, there was not enough space in the classrooms. According to prison staff, the official policy was that children could stay with their mothers only until the age of two and were then transferred to a rehabilitation center. Space constraints at the rehabilitation center sometimes prevented the transfer, adding to children's time."

Document(s): Open document

11.03.2008 - Source: US Department of State

According to UNHCR, there were several documented cases of abduction of young boys for sexual exploitation by men ("Country Report on Human Rights Practices 2007") [ID 23799]

"According to a 2006 UN High Commissioner for Refugees (UNHCR) report there were also several documented cases of abduction of young boys for sexual exploitation by men. The Institute for War and Peace Reporting (IWPR) reported that this practice continued to increase, especially in the north."

Document(s): Open document

11.03.2008 - Source: US Department of State

Information on child soldiers in national security forces and the Taliban ("Country Report on Human Rights Practices 2007") [ID 23807]

"There continued to be reports of the Taliban and insurgents using child soldiers; however, exact numbers were unobtainable. A 2003 presidential decree prohibited the recruitment of children and young persons under the age of 22 into the army; in the middle of 2006 the government changed the legal recruitment age to 18. There were unconfirmed reports of children under 18 falsifying their identification records to join the national security forces, which was a large-scale source of new employment opportunities. The UN Children's Fund (UNICEF) maintained that efforts to assist the government in creating a national birth registry and ID system would greatly mitigate this problem. There were no reports of forced child conscription by the government; however, Integrated Regional Information Networks (IRIN) and the AIHRC reported that children younger than 18 were being recruited and in some cases sexually abused by the ANP and militias. Additionally, there were reports of Taliban forces using children younger than 18, including as suicide bombers."

Document(s): Open document

11.03.2008 - Source: US Department of State

Programmes from UNICEF for former child soldiers and war-affected children ("Country Report on Human Rights Practices 2007") [ID 23809]

"Beginning in 2004 an estimated 8,000 former child soldiers were demobilized under a UNICEF-initiated program. Since 2004, more than 15,000 children affected by war have been supported through UNICEF's reintegration project in 28 provinces. During the year UNICEF supported educational and skills training for more than 2,691 demobilized child soldiers and other war-affected children (approximately 800 of whom were girls) in six provinces."

Document(s): Open document

11.03.2008 - Source: US Department of State

Sexual exploitation of young men by the Taliban ("Country Report on Human Rights Practices 2007") [ID 23810]

"Warlords and Taliban leaders were reported to be involved in the sexual exploitation of young men. Rule 19 of the Taliban Rule Book, updated in 2006, states, "Mujaheddin are not allowed to take young boys with no facial hair onto the battlefield or into their private quarters," implying that sexual exploitation of young men was a possibility."

Document(s): Open document

11.03.2008 - Source: US Department of State

Civil code does not adequately address the rights of the child ("Country Report on Human Rights Practices 2007") [ID 24103]

"The government demonstrated an increasing commitment to address the concerns of vulnerable children and their families; however, a 2006 report by the AIHRC stated that the country's civil code did not adequately address the rights of the child. In May 2006 the government launched its National Strategy for Children at Risk (NSFCAR), which was designed by the Ministry of Work, Social Affairs, Martyred, and Disabled (MOWSAMD) to improve care for vulnerable children and families. The Ministry of Public Health trained more than 1,600 health workers on prevention of child abuse and violence against children."

Document(s): Open document

11.03.2008 - Source: US Department of State

Sexual abuse of children by extended family members, tribal leaders and in government-run orphanages; only a small percentage of the victims approach relevant authorities for help due to a lack of trust in the judicial system and fear of consequences ("Country Report on Human Rights Practices 2007") [ID 24136]

"Sexual abuse of children remained pervasive. During the year an AIHRC study found that most child victims were abused by extended family members. A UNHCR report noted that boys were also abused by tribal leaders. There were reports of sexual abuse that occurred in government-run orphanages around the country. During the year the MOI recorded 80 cases of rape of young boys, following approximately 130 documented cases in 2006. A 2006 AIHRC study found that 60 percent of child sexual abuse victims were girls; whereas 35 percent were boys (the remainder of victims surveyed did not record their gender). Eighteen percent of respondents knew of other children who had suffered sexual abuse. Only 29 percent of victims had approached relevant authorities for help after the abuse, citing a lack of trust in the judicial system, fear of consequences, and lack of family permission as the main reasons. Only 35 percent of victims who did file complaints were satisfied with the outcome. Article 427 of the penal code reads that "any person who conducts adultery or sodomy with a female or sodomy with a male shall be sentenced to lengthened imprisonment in accordance with the circumstances." Article 247 authorizes lengthened punishment (not to exceed 10 years), "if the victim has not attained the age of 18." Article 430 more explicitly criminalizes sexual exploitation of children: "Any person who incites a male or female, who has not completed the age of 18, to engaging in debauchery as a profession or facilitates such an engagement, shall be sentenced to intermediate imprisonment, no less than three years.""

Document(s): Open document

11.03.2008 - Source: US Department of State

Under a UNICEF-initiated program 8,000 former child soldiers were demobilized; UNICEF also supports other war-affected children ("Country Report on Human Rights Practices 2007") [ID 24137]

"Beginning in 2004 an estimated 8,000 former child soldiers were demobilized under a UNICEF-initiated program. Since 2004 more than 15,000 war-affected children in 28 provinces have been supported through UNICEF's reintegration project. UNICEF supported educational and skills training for more than 2,691 demobilized child soldiers and other war-affected children (approximately 800 of whom were girls) in six provinces."

Document(s): Open document

11.03.2008 - Source: US Department of State

Lack of access to health services and mental, physical and sexual abuse of children in state-run orphanages ("Country Report on Human Rights Practices 2007") [ID 24138]

"Living conditions for children in orphanages were unsatisfactory. Children reported mental, physical, and sexual abuse, were sometimes trafficked out of state-run orphanages, and did not always have access to health services, recreational facilities, or education. MOWSAMD operated 52 orphanages across the country. UNICEF estimates that some 80 percent of the 8,000 children currently living in orphanages had at least one living parent. NSFCAR strongly advocated taking most children out of these orphanages and promoting community-based care options; however, the existing capacity of social workers and child welfare services was extremely weak."

Document(s): Open document

11.03.2008 - Source: US Department of State

According to estimations from NGOs, up to a third of all refugees are children ("Country Report on Human Rights Practices 2007") [ID 24139]

"Displacement due to the conflict also affected children. NGOs estimated that up to a third of all refugees were children, and street children remained a problem in urban areas, although no reliable estimates were available. Street children had little to no access to government services, although several NGOs provided access to basic needs such as shelter and food."

Document(s): Open document

11.03.2008 - Source: US Department of State

Kabul, Jalalabad and Mazar-e-Sharif have especially large numbers of child labourers ("Country Report on Human Rights Practices 2007") [ID 24144]

"AIHRC reported approximately 60,000 child laborers in Kabul alone, the majority of whom migrated to the city from other provinces. Many employers subjected them to sexual exploitation and forced labor. UNHCR noted that Jalalabad and Mazar-e-Sharif also had large numbers of child laborers. According to Save the Children, there were up to 5,000 child laborers working in brick factories in Nangarhar. Children faced numerous health and safety risks at work and some of them sustained serious injuries such as broken bones."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Children continue to be exposed to exploitation and abuse due to poverty, high level of criminality, child trafficking and child labour; it is not safe for unaccompanied children to return to Afghanistan ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22996]

"Afghanistan acceded to the Convention on the Rights of the Child in 2002, and has strengthened national legal provisions to protect children. However, in the current situation characterized by weak rule of law and governance structures, the presence of local commanders, high levels of criminality, incidences of child trafficking and child labour, children continue to be exposed to exploitation. Many children are working in the streets of Kabul, Jalalabad, and Mazar-e-Sharif. The child work force in Afghanistan is predominately boys aged 8-14 with a smaller number of girls 8-10 years old. The main reasons that children work are poverty-related. The few existing orphanages in Kabul and the marastoons in other main cities, mostly run by the Government and the Afghan Red Crescent Society, are no durable solution for unaccompanied and separated children. They have very strict criteria for temporary admission. Boys 15 years old or over are not admitted. Children and adolescents above 15 years of age who do not have families, close relatives or extended family support in Afghanistan are therefore at risk of becoming homeless and, as a particular social group, may be subject to further exploitation. Where family tracing and reunification efforts have not been successful and special and coordinated arrangements can not be put in place to facilitate safe and orderly return, the return of unaccompanied children to Afghanistan exposes them to exploitation and abuse."

Document(s): Open document

06.03.2007 - Source: US Department of State

According to reports, villagers killed a boy and girl for having illicit sexual relations ("Country Report on Human Rights Practices 2006") [ID 19507]

"In December media outlets reported that villagers in Kunar province killed a boy and girl for having illicit sexual relations."

Document(s): Open document

22.03.2006 - Source: Child Rights Information Network

Country reports on sexual abuse of children and mapping psycho-social support for victims in Afghanistan, Bangladesh, Nepal and Pakistan ("Mapping of Psycho-Social Support for Boys and Girls Affected by Child Sexual Abuse in Four Countries in South and Central Asia") [#47180][ID 1377]

Document(s): Open document

22.03.2006 - Source: Child Rights Information Network

Country reports on sexual abuse of children and mapping psycho-social support for victims in Afghanistan, Bangladesh, Nepal and Pakistan ("Mapping of Psycho-Social Support for Boys and Girls Affected by Child Sexual Abuse in Four Countries in South and Central Asia") [#47180][ID 1396]

Document(s): Open document

06.12.2005 - Source: Integrated Regional Information Network

According to UNICEF, an estimated 1 million child labourers under 14 deprived of education, health care and other necessary facilities for human development ("UNICEF expresses concern about child labour") [#40298][ID 1378]

Document(s): Open document

30.10.2005 - Source: Radio Free Europe/Radio Liberty

Logar: Girls' school burnt down ("Girls School Burnt Down In Afghanistan") [#38429][ID 1379]

Document(s): Open document

25.08.2005 - Source: Institute for War and Peace Reporting

UNICEF is working to disarm and demobilise nearly 8,000 children who were forcibly recruited to work for local commanders and warlords ("Disarming the Child Soldiers") [#35949][ID 1411]

Document(s): Open document

26.07.2005 - Source: Integrated Regional Information Network

UN began demobilising hundreds of child soldiers in western Afghanistan, following successful demobilisation of more than 4,000 child soldiers in north, northeast, east and central regions of the country ("Child soldier demobilisation effort moves westward") [#34505][ID 1412]

Document(s): Open document

06.2005 - Source: Informationsverbund Asyl e.V.

Human Rights situation and humanitarian issues against the background of plans for deportations from Germany (report based on a fact-finding mission by German lawyers and judges in March and April 2005; in German) ("Rückkehr nach Afghanistan - Unter welchen Umständen können Flüchtlinge zurückkehren?") [#33204][ID 1435]

"Für allein stehende Minderjährige ohne Rückkehrmöglichkeit in die Familie stehen Betreuungsmöglichkeiten nicht zur Verfügung. Afghanistan hat zwar bereits im Jahr 2002 die Kinderrechtskonvention unterzeichnet und gesetzliche Maßnahmen zum Schutz der Kinder eingeleitet. In der Realität kann jedoch von ihrem Schutz nicht die Rede sein. Es gibt zwar offiziell Waisenhäuser, die vom Staat oder vom Afghanischen Roten Halbmond unterhalten werden. Sie befinden sich aber nach einhelliger Auffassung in einem unerträglichen Zustand. Im Übrigen werden Jungen ab 15 Jahren dort nicht mehr aufgenommen. Ihnen droht also das Schicksal eines obdachlosen Straßenkindes, mit all den Gefahren für Leib und Leben, die daraus resultieren - für Minderjährige, die seit Jahren den harten Überlebensbedingungen in Afghanistan entwöhnt sind, nach übereinstimmender Meinung sämtlicher Gesprächspartner im Übrigen ein kaum zu verkraftender Kulturschock. Ein von der UN gefördertes Straßenkinderprojekt betreut betroffene Kinder nur tagsüber und entlässt sie am Nachmittag wieder auf die Straße.
[...]
Besonders schutzbedürftig sind Kinder, die ohne Erwachsene reisen. Für sie ist in keiner Weise gesorgt. Wartet auf sie nicht eine Familie, bleiben sie völlig hilflos. Die Großfamilie, notfalls im Einzelfall auch Nachbarn, ersetzt wie in anderen Fällen staatliche Hilfe und Fürsorge. Es gibt keine organisierte Jugendhilfe. Staatlicherseits gibt es niemanden, der sich wirklich zuständig fühlt. Die sogenannten Waisenhäuser bieten Kindern kein menschenwürdiges Dasein. Hilfsorganisationen haben bisher nur im Einzelfall vorübergehend helfen können. Eine dauerhafte Perspektive können auch sie nicht eröffnen."

Document(s): Open document

07.01.2005 - Source: Institute for War and Peace Reporting

Baghlan: young boys are being kidnapped and abused by commanders ("Lives Shattered by Sexual Abuse") [#28067][ID 1397]

"The troubling practice of powerful commanders kidnapping and sexually abusing young boys appears to be continuing in Afghanistan, despite efforts to build a civil society. [...]
Abdul Ghafoor Baseem, chief of Baghlan's human rights department, fears the problem may be getting worse.
He said that in November he received 12 reports of child rape in the province, a number he described as “unprecedented”.
"This phenomenon, especially with gunmen being involved, is a very serious threat to children,” he said. "And the number of cases that go unreported is unthinkable. We pass on some of these reports to the police but they don't appear to be taking much action."
Baseem disagrees with the practice of placing abused children in correction centres.
"I feel that they could easily fall victims in the very places where they should feel safe," he said. "The best way is for them to reunited with their families and if their families are not prepared to take them back, then the government must take care of them."
General General Faziluddin Alyar, security commander of Baghlan, confirmed he had received reports about these crimes, and said he would undertake investigations into the cases."

Document(s): 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 1380]

"40. There are continuing reports of trafficking, kidnapping and smuggling of children, and their subsequent deportation from the countries of destination. Children further risk being rejected by their families once they return to their places of origin. The Government has begun to address the problem and, with technical support from the United Nations Children’s Fund (UNICEF), the Ministry of Labour and Social Affairs took a leading role in bringing together various ministries to formulate a national plan of action on combating child trafficking."

Document(s): Open document

17.11.2004 - Source: Coalition to Stop the Use of Child Soldiers

Child soldiers global report 2004: Afghanistan ("Child soldiers global report 2004") [#27116][ID 1413]

""Although accurate documentation on the numbers of children actively associated with armed groups was not available, UNICEF reported in mid-2003 that boys aged between 14 and 18 continued to be involved in such groups. They were attracted by promises of payment or education, by a desire to protect their own communities, or by the status and power of carrying weapons. Some joined voluntarily, but others were coerced under threat of death or injury. In some cases local commanders demanded that families provide a son to fill quotas imposed by regional commanders. Parents also sent their children to join armed groups for ideological reasons, and under-18s joined up alongside their brothers or other family members." [...]

"In July 2003 UNICEF estimated there were approximately 8,000 former and actual child soldiers associated with armed groups. Although a considerable number had been disarmed and returned home, they remained under a military command structure. Local commanders had registers of former combatants, including children, who could be ordered to return to the groups in the event of an upsurge in fighting. A community-based demobilization and reintegration program, established by UNICEF in collaboration with the UN Assistance Mission in Afghanistan (UNAMA), governments and NGOs, began operations in February 2004.14 By March UNICEF had facilitated and supported the demobilization of 1,075 children in the northeastern regions. The program aimed to demobilize 5,000 child soldiers, and provide reintegration support to a further 10,000 children associated with armed groups in 2004.15 Projects included assisting former child soldiers to gain access to education, vocational and life skills training, work opportunities, psychosocial support and material assistance.16 Locallyelected verification committees, who included representatives of local government (shuras), identified underage children associated with armed groups. Once demobilized, the children had a medical and psychosocial assessment.

NGOs emphasized the need for systematic community-based efforts to ensure that reintegration programs were effective and included mechanisms to protect children from recruitment into armed groups, and to address sensitive issues such as the sexual abuse of boys as well as girls involved with armed groups.18 In February 2003 the NGO Consortium for the Psychosocial Care and Protection of Children, comprising the Christian Children’s Fund, International Rescue Committee and Save the Children Federation, received funding from the US Agency for International Development (USAID) to assist particularly vulnerable children, including former child soldiers.19 The program includes emotional support for children affected by war, provided through children’s group psychosocial initiatives, non-formal education and skills training.""

Document(s): Open document

28.07.2004 - Source: Integrated Regional Information Network

Situation of children in Afghanistan: 8,000 children currently living in 36 orphanages ("Afghanistan: More assistance needed for deprived children") [#24372][ID 1436]

Document(s): Open document

23.07.2004 - Source: Institute for War and Peace Reporting

Corporal punishment routinely used by teachers in schools/ students are frequently badly beaten some of them also require hospital treatment ("School Beatings Widespread") [#24263][ID 1381]

Document(s): Open document

26.03.2004 - Source: Institute for War and Peace Reporting

More than 400 appeals for missing children were aired on Radio and Television Afghanistan, RTA, last year; numerous minors sent aboard to work illegally ("A Nation’s Disappearing Children") [#20772][ID 1382]

"[...] Last year, more than 400 appeals for missing children were aired on a new service offered by Radio and Television Afghanistan, RTA - a technological advance over the traditional announcements at local mosques.
Officials differ on why Afghan children are disappearing.
Some say it appears they are being trafficked out of the country for forced labour. Others contend the children are being sent abroad to earn money illegally for their families. Local or tribal disputes sometimes also lead to kidnappings. Lawlessness in much of the country makes abductions difficult to stop.
Abdul Jamil, chief of criminal investigations for the government, would not give any figures regarding the number of children who have gone missing, but said that youngsters coming to the capital from surrounding villages in search of work are particularly vulnerable to abduction.
Jamil said that in some cases, children are forced to work as beggars, turning over their takings to their kidnappers. Some of the abducted children have been used to transport drugs across international borders, he said. [...]"

Document(s): Open document

24.02.2004 - Source: Integrated Regional Information Network

A large number of Afghan children have fallen victim to human traffickers ("Campaign under way to raise awareness of child trafficking") [#19638][ID 1383]

"[...] According to the Afghan Independent Human Rights Commission (AIHRC), human trafficking - particularly child kidnapping and abduction - were identified as one of the most serious rights violations in recent months in Afghanistan, despite improvements in the situation of children in the war-weary country.
"Taking the number of kidnapped or abducted children in the last five months into consideration, AIHRC thought that this issue should be taken more seriously and launched a public awareness raising campaign to sensitise the public and the authorities," Nader Naderi, a commissioner of AIHRC, told IRIN.
AIHRC said that although exact figures were hard to come by, in the last five months of 2003 over 300 complaints had been received from the families of children who had disappeared. "The commission is aware that many children are flown to Gulf countries, in particular Saudi Arabia, for labour purposes," the United Nations Assistance Mission in Afghanistan (UNAMA) said on Sunday, quoting AIHRC.
A recent report by the International Organization for Migration (IOM), 'Trafficking in Persons', released earlier this month, stated that there were many forms of human trafficking practised in Afghanistan including the exploitation of prostitutes, forced labour, slavery and practices similar to slavery, servitude and the removal of body organs.
Trafficking in Afghanistan can be attributed to many factors, including a longstanding conflict, lack of internal security, poverty and poor socio-economic opportunities.
Meanwhile, the United Nations Children's Fund (UNICEF) told IRIN that most of the children in Afghanistan were trafficked for the purposes of labour, mostly to neighbouring countries. "From the information we have, children have been abducted from their communities mostly for the purposes of child labour in neighbouring countries," said Edward Carwardine, a UNICEF spokesman. However, Carwardine said child trafficking in Afghanistan was not on a higher scale than other countries in the region, "but it remains a concern". [...]"

Document(s): Open document

11.11.2003 - Source: ReliefWeb

Chronic malnutrition and food insecurity remain serious concerns despite significant improvements in agricultural production over the last year ("Emergency Update: Nov 2003") [#17584][ID 1384]

"Key issues for children

Chronic malnutrition affects over 50% of under-fives.

Only 23% of the population has access to safe water and only 12% to adequate sanitation.

60% of childhood deaths and disabilities are preventable.

Between 50,000 - 70,000 children are working in the informal sector, often on the streets.

Since early 2003 a number of children have been abducted."

Document(s): Open document

11.11.2003 - Source: ReliefWeb

Child trafficking ("Emergency Update: Nov 2003") [#17584][ID 1385]

"Reports received from the Afghan Independent Human Rights Commission and the United Nations Assistance Mission in Afghanistan (UNAMA) indicate that since early 2003 there has been a series of abductions of children as young as four years old in northern and north-eastern regions for the apparent purpose of trafficking to neighbouring countries. UN agencies, government and the humanitarian community concerned with children's issues are currently working together to look at ways of monitoring the situation and preventing further cases of abduction and trafficking."

Document(s): Open document

25.09.2003 - Source: ReliefWeb

Abduction and trafficking of Afghan children to neighbouring countries reported ("UNICEF voices 'grave concern' at child trafficking in Afghanistan (UN News Service)") [#16246][ID 1386]

Document(s): Open document

09.09.2003 - Source: Integrated Regional Information Network

Multi-million dollar project designed to address some of the needs of Afghan youth; 70% of 2 million unemployed Afghans are the youth who have been deprived of education during the years of war, mainly during the Taliban time ("Multi-million dollar programme to address Afghan youth") [#15947][ID 1387]

Document(s): Open document

14.08.2003 - Source: Amnesty International

Women and children, who are most in need of protection of the formal court system, subjected to human rights abuses ("Afghanistan: Re-establishing the rule of law") [#15047][ID 1388]

"Amnesty International is concerned that those who are most in need of protection of the formal court system, especially women and children, are being subjected to human rights abuses as a result of decisions made by non-judicial mechanisms in the absence of clearly recognised procedures which conform with international human rights law. Amnesty International has documented a number of cases that demonstrate that women and girls are being subjected to serious human rights abuses as a result of informal justice mechanisms. In particular, the organisation is concerned about reported human rights abuses that have occurred as a result of the involvement of informal justice mechanisms in the adjudication of murder cases.
In Mazar-e Sharif, Jalalabad and Herat, judicial officials, detainees and some members of local jirgas reported that when murder cases were resolved by the jirga they did so by ordering that the alleged perpetrator provide the family of the alleged victim with a young girl or girls, usually below the legal marriage age, in order to compensate for the alleged crime. It was reported that the girl, who is ‘exchanged’, is then forcibly married to a male member of the victim’s family. In one case documented by Amnesty International, a family member of a murder suspect stated that she had been coerced into providing the family of the alleged victim with two young girls as a means of providing redress for the alleged offence.85 Amnesty International is extremely concerned that this Afghan customary practice, known as “Bad”’, violates the prohibitions against slavery and discrimination and also constitutes torture or cruel, inhuman or degrading treatment.
Amnesty International is also concerned that some members of the international community are actively legitimising the work of jirgas who are reported to have utilised the practice of Bad. For example, Amnesty International spoke to a UNAMA political affairs officer in Mazar-e Sharif who had been working closely with members of a local jirga which had ordered the exchange of women in a number of cases. When Amnesty International asked the UNAMA political affairs officer whether he was concerned about this practice and asked whether UNAMA was taking any steps to oppose it, he responded by stating, “I don’t deal with women”.
This highlights not only the lack of gender sensitivity displayed by some UNAMA officials, but also demonstrates the lack of concern on the part of UNAMA with human rights abuses resulting from non-judicial mechanisms.
Amnesty International is also concerned that Afghanistan’s informal justice mechanisms are not representative of society and that as a result certain groups are not able to bring their community problems to them. The jirga and the shura throughout Afghanistan are exclusively comprised of men. As a consequence, women are unable to approach these informal mechanisms without the support and assistance of a male family member. There are also indications that women suffer discrimination when they do take cases relating to inheritance, property and marriage to them. The inaccessibility of the jirga and shura to women also indicates a problem of impunity in relation to crimes against women."

Document(s): Open document

24.02.2003 - Source: Institute for War and Peace Reporting

Increase in child sex abuse in Parwan and Kapisa provinces just north of Kabul; reportedly local men, particularly military commanders involved ("Child Sex Abuse Alarm") [#11336][ID 1398]

"One of the darker sides of Afghan society - sex between men and underage boys - is quietly reemerging in some parts of the country after it was made a capital offence by the Taliban, according to local people in two provinces.
Residents of Afghanistan's Parwan and Kapisa provinces, just north of Kabul, report that it is quite common for local men, particularly military commanders, to take boys as young as 14 to wedding parties and other celebrations, to get them to dance and, in some cases, have sex with them."

Document(s): Open document

12.07.2002 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

UN Secretary-General: From the age of 10 onward, girls are often withdrawn from co-educational activities ("Report of the Secretary-General on the situation of women and girls in the territories occupied by Afghan armed groups (E/CN.4/Sub.2/2002/27)") [#8325][ID 1389]

"20. Discrimination against girls has deep cultural and historic roots and continues to be strong, particularly in rural villages. Often girls do not walk beyond the village and lack the access to health and educational services that boys enjoy. Among disabled children, who, in addition to the loss of limbs and disfigurement face stigmatization and limited access to school and social services, girls are more at a disadvantage than boys. Throughout Afghanistan girl children are considered “guardians of the family honour”. Therefore, daughters are frequently closely protected and their public activities restricted. From the age of 10 onward, girls are often withdrawn from co-educational activities and restricted to domestic duties. During the period before marriage, many girls are kept in purdah, confined to their houses as a means of ensuring their purity."

Document(s): Open document
Archive.pdf

06.06.2002 - Source: Human Rights Watch

Human Rights Watch: Local commanders in Kandahar continue to abuse boys ("Human Rights Watch Briefing Paper: Afghanistan: Return of the Warlords") [#7373][ID 1399]

"Interviews with local professionals and officials yielded a similar description of the conduct of local troops on the streets of Kandahar. The manager of one of Kandahar's hospitals explained:
They [soldiers] steal everything they get their hands on. Sexual relations between men and boys are still around. They still are around like it was under the Taliban. Their conduct is still the way it was under the Taliban. They do not understand the value of what has happened in the past few months. They are driving fast in their cars, making the streets unsafe, they are smoking hashish, and smoking even opium, and stealing everything around them.(62)"

Document(s): Open document
Open document

04.12.2001 - Source: Human Rights Watch

Foreign Taliban fighters have left behind hundreds of women and children inside Afghanistan ("Afghanistan: Families of Foreign Fighters At Risk") [#4922][ID 1482]

"Foreign Taliban fighters have left behind hundreds of women and children inside Afghanistan," said Sidney Jones, executive director of the Asia division of Human Rights Watch. "Civilians in Afghanistan are entitled to protection under international humanitarian law, regardless of where they are from or what their husbands and fathers may have done." According to local anti-Taliban administrators contacted by Human Rights Watch, some five hundred foreign women and children, locally believed to be mostly Chechens, have sought refuge in the villages of the eastern Afghanistan provinces of Paktia and Logar. A smaller group of thirty families, apparently from Arab countries, now live in their vehicles and travel nightly around the canyons of central Paktia and southern Logar provinces to avoid the increasing U.S. bombardment of suspected Taliban mountain strongholds in eastern Afghanistan. This convoy is believed to be accompanied by some foreign armed men. Under international humanitarian law, the presence of small numbers of armed men accompanying such a group does not deprive the women and children of their civilian status."

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