Dokument #1036038
IRB – Immigration and Refugee Board of Canada (Autor)
Detailed information about human rights
violations in Afghanistan continues to be difficult to obtain and
corroborate as a result of the ongoing war and the resulting social
dislocations. Therefore, the information provided herewith does not
purport to be neither exhaustive nor conclusive as to the recent
political and economic conditions in the country.
1) General information on Afghanistan is to
be found in the basic reference documents, such as the Europa
Year Book, the U.S. Department of State's Country Reports on
Human Rights Practices, and Amnesty International Annual
Reports. These documents are available at the Montreal regional
office.
2) The Basic Principles of the Democratic
Republic of Afghanistan (DRA), issued in April 1980, guarantee
freedom of religion stating that "The sacred and true religion of
Islam will be respected, observed and protected in the DRA and
freedom to practice religious rites is guaranteed for all Muslims".
The provision further stipulates that citizens are not allowed to
employ religion for anti-national and anti-popular propaganda as
well as for committing any acts against the interests of the DRA
and the people of Afghanistan.
ENDNOTES
Albert P. Blaustein and Gisbert H. Flanz,
eds., Constitutions of the Countries of the World: Democratic
Republic of Afghanistan (Dobbs Ferry, New York: Oceana
Publications, Inc., July 1980), Chapter 1, Article 5.
The Basic Principles of the DRA were
reportedly superseded by a new Constitution ratified by the
National Assembly in November 1987. A copy of this document is not
available to the IRBDC at this time. However, according to a
summary of the 1987 Constitution provided in The Far East and
Australasia, an Europa publication, the right "to observe the
religious rites of Islam and of other religions" is guaranteed
[The Far East and Australasia 1989 (London: Europa
Publications Ltd., 1989), p. 176.]
Regarding the government's respect for this
constitutional right, The Far East and Australasia observes
that "Under Babrak Karmal and the present government of Najibullah,
there have been no open attacks on Islam. These leaders have
attempted to woo religious Afghans to their side. They praise Islam
in public while exercising control through the Ministry of
Religion. Observance of Islam, moreover, is an obstacle to success
in schools and in government employment and at times may lead to
persecution, punishment, or arrest" [Ibid, 121.]
Corroborating this view, the U.S. Department of State's Country
Reports on Human Rights Practices for 1988 states that "The
regime's policy pronouncements routinely invoke religious
terminology in a cosmetic effort to appeal to the populace". The
Country Reports also notes of the prevalence of what it
called "a traditional antipathy and discrimination on the part of
Afghan Sunnis toward their [minority] Shi'a countrymen" [ U.S.
Department of State, Country Reports on Human Rights Practices
for 1988 (Washington: U.S. Government Printing Office, 1989),
pp. 1272 and 1274.]
3) Since the overthrow of President Daud in
1978, successive governments of Afghanistan have been anxious to
promote private business, but reportedly subject to government
surveillance. To this end, one of the objectives of the
government's Five-Year Economic and Social Development Plan,
announced in January 1986, was to encourage private business people
and local merchants under a government system of "state
capitalism". [ The Far East and Australasia, pp. 167 and
170.]
When the Soviet Union invaded Afghanistan
in 1979, one of its strategy was to depopulate the countryside in
order to wage a more effective war against the anti-Kabul
government opposition groups. Food was, therefore, used as a weapon
against the rebellion [Ibid, p. 165.] According to a 1988
study by Lober and Rubin, "A Nation Is Dying": Afghanistan Under
the Soviets 1979-87, "The Soviet-Afghan forces have pursued a
determined campaign of destroying agriculture in Afghanistan...They
employ various tactics, from killing of individual farmers, to the
destruction of the delicate agricultural infrastructure. These
tactics not only spread terror, but also destroy the food supplies
in the villages upon which the [Mujahidin] resistance depends for
sustenance" [Jeri Lober and Barnett R. Rubin, "A Nation is
Dying": Afghanistan Under the Soviets, 1979-87 (Evanston:
Northwestern University Press, 1988), p. 58.]
These actions exemplify the systematic
destruction of Afghans' land and property by government and
occupying Soviet forces. Furthermore, the U.S. Department of
State's Country Reports for 1988 indicates that "Afghans
complain that the [Kabul] regime and Soviet forces routinely
confiscate property, including homes" [U.S. Department of State, p.
1271.]
4) IRBDC is unable to locate any
information regarding Afghanistan government's regulations on
illegal departure from the country or concerning Afghans known to
have claimed refugee status abroad. There are, however, reports on
government actions against people attempting to flee the country.
In May 1988, Amnesty International reported that "Soviet and Afghan
government forces appear to have been engaged in a policy of
deliberately killing refugees fleeing Afghanistan". One case cited
in the report is that of 100 Afghan families from Sherkudo village
who were attacked twice during their long trek to the border with
Pakistan in October 1987. Also, in September 1987, government
soldiers reportedly "surrounded a group of refugees in the Pul-e
Khomy area of Baghan province, shot two dead on the spot and took
away others who had failed to escape" [Amnesty International,
Soviet and Afghan Government Forces in Apparent Policy of
Killing Refugees (London: Amnesty International Publications, 4
May 1988), pp. 1-3.]
The U.S. Department of State's Country
Reports for 1988 states that since 1988, the Afghan regime has
loosened its requirements for obtaining a passport for foreign
travel [U.S. Department of State, pp. 1272-1273.] According to a 4
September 1989 article in The Globe and Mail, "An estimated
40,000 people have been leaving the Afghan capital of Kabul every
month for Pakistan or other countries to avoid [military]
conscription and rebel rocket attacks". The article further notes
that while some wealthy Afghans take planes to India and Pakistan,
the majority rely buses or an underground network linked to the
opposition groups in Pakistan ["Myriads Join Exodus From
Afghanistan", The Globe and Mail, 4 September 1989, p.
A3.]
Although the penalties for leaving the
country illegally are not known to IRBDC, Afghans fleeing in order
to avoid military service are apparently breaking the law. Military
conscription into the army is reportedly mandatory for every
able-bodied Afghan male between the ages of 15 and 55 years.
Service lasts for three years or more, and religious scholars and
preachers are exempted, according to The Europa World Year Book
1989 [The Europa World Year Book 1989 (London: Europa
Publications Ltd., 1989), pp. 278-279.]
(AGO) Angola