Human Rights and Democracy Report 2015 - Human Rights Priority Country update report: January to June 2016 - Afghanistan

Updated 21 July 2016

During this period, the ongoing insurgency in Afghanistan continued to limit progress on human rights in Afghanistan. Civilian casualties related to the insurgency marginally increased in comparison with previous years. In addition, the death penalty was carried out on six convicted terrorists. This was the first instance of the use of the death penalty since 2014.

On 8 May, 6 members of the Taleban, Al Qaeda and the Haqqani Network were executed in Pol-e Charkhi prison following their conviction for terrorism offences. The executions followed a deadly attack in Kabul on 19 April claimed by the Taleban which killed 68 and injured 347. On 25 April, President Ghani gave a speech to both houses of Parliament declaring that “the government of the Islamic Republic of Afghanistan is committed to resolutely implementing decisions of the courts and judicial entities, including the rulings of execution”. The 6 executions were carried out following an internal review to ensure that all Afghan legal standards had been adhered to. During the UN Human Rights Council Universal Periodic Review Working Group in Geneva on 10 May, the UN Special Rapporteurs expressed their opposition to the executions including the practice of torture and ill treatment to elicit confessions of suspects. The UK opposes the death penalty in all circumstances as a matter of principle: we believe its use undermines human dignity, there is no proof of its deterrent effect, and errors made in its use are irreversible and irreparable.

On 20 January, a Taleban suicide attack targeted employees of Tolo News, killing 7 and wounding many more. The ongoing threats against journalists are a stark reminder of the risks that media continue to face in Afghanistan. The media advocacy organisation “Nai - Supporting Open Media in Afghanistan”, declared January 2016 one of the deadliest months for journalists since 2001. The then British Ambassador to Afghanistan, Karen Pierce, strongly condemned the attacks and reiterated the importance of a free press in Afghanistan. Following the attacks the government of Afghanistan demonstrated its commitment to supporting the freedom of the press through the Afghan Mass Media Commission, which launched the by-law on Establishment and Activity of Private Mass Media. The new by-law issues minimum requirements in a number of important areas covering contracts, safety, insurance, and pensions for media workers. In June, David Giley, a veteran US photojournalist with National Public Radio, and his translator Zabihullah Tamanna were ambushed and killed by Taleban insurgents in Helmand.

On 1 June, the second EU-Afghanistan Human Rights Dialogue was held in Kabul. Constructive discussions took place on a range of issues, including women’s rights, children’s rights, the death penalty, torture, access to justice, freedom of expression and the rights of socially vulnerable and/or persons with disabilities. The outcome of the dialogue is the Table of Agreed Deliverables and Indicators. The UK will continue to work with the EU to follow up on the agreed deliverables ahead of the Brussels Conference in October, and will review progress with the government of Afghanistan in November. The next Human Rights Dialogue between Afghanistan and the EU will be held in Kabul in 2017.

On 21 and 22 May more than 200 women from 34 provinces, and numerous NGOs and international organisations attended the 3rd Afghan Women’s Empowerment Symposium at the Presidential Palace. President Ghani and CEO Abdullah used the event to reiterate the government of Afghanistan’s commitment to advancing women’s rights. This was the first time that the event has been held in Afghanistan since it was launched in Oslo in 2014.

In April the government of Afghanistan appointed Mohammad Farid Hamidi to the position of Attorney General (AG). Mr Hamidi led the expansion of his office’s presence to all 34 provinces from the previous eight, with women heading seven of the units. He also appointed Ms Maliha Hassan as the Deputy in the AG Office in charge of Administrative and Financial Affairs. FCO Minister for Human Rights, Baroness Anelay, met Mr Hamidi in the margins of the Anti Corruption Summit in London on 12 May, where he discussed his plans to reduce corruption in his office and increase women’s representation.

On 15 March, the UN Security Council extended the mandate of the UN Assistance Mission in Afghanistan (UNAMA) until 17 March 2017. The UK supports UNAMA’s renewed commitment to work with the government of Afghanistan to ensure the protection of civilians, especially women, children and displaced persons, including from sexual violence and all other forms of gender-based violence, and that perpetrators of such violence must be held accountable.

On 14 February, UNAMA published its 2015 annual report on the Protection of Civilians in Armed Conflict in Afghanistan. UNAMA documented 11,002 civilian casualties (3,545 deaths and 7,457 injured) in 2015. This is an increase of 4% from 2014. UNAMA called on all parties to the ongoing conflict in Afghanistan to take precautions to protect civilians during operations. UK advisers in the Office of the National Security Council are working alongside the NATO mission to support the government to draft a national policy on civilian casualty mitigation, as called for by UNAMA. In addition, International Humanitarian Law is incorporated into the training we provide at the Afghan National Army Officer Academy.

On 20 April, the Office of the Special Representative of the Secretary General for Children and Armed Conflict published its Annual Report for 2015. The report shows that children were disproportionately affected by the intensifying conflict in Afghanistan. The number of child casualties verified by the UN has risen by 14% since 2014.The report also documented cases of recruitment and the use of children in the conflict and the sexual exploitation of boys. Most cases were attributed to armed groups, but there were also cases of underage recruitment and use of children in the Afghan Local Police, Afghan National Police and Afghan National Army. In early 2016, three additional child protection units were established in Mazar e Sharif, Jalalabad and Kabul, bringing the total to seven. These units are embedded in Afghan National Police recruitment centres, and are credited with preventing the recruitment of hundreds of children. A separate UN Security Council report on Conflict-related Sexual Violence expressed concern for the ongoing reports of the practice of bachah-bazi (child sexual abuse), involving “dancing boys”, as well as concerns for the under-reporting of sexual violence in anti-government-controlled areas.

On 13 June, the lower house of the Afghan parliament rejected a presidential decree issued on structural electoral reforms largely pertaining to the form and function of Afghanistan’s independent electoral bodies. Electoral reform was agreed as an important part of the National Unity Government’s agreement in 2014 and a necessary precursor to the holding of long-delayed parliamentary elections originally scheduled for spring 2015. On 28 June, the Upper House of Parliament approved the decree with recommendations. The next steps will be for a committee from both houses to come to an agreement on the recommendations before returning the agreed recommendations to President Ghani for consideration. Both President Ghani and Chief Executive Officer Abdullah reiterated their commitment to electoral reform in Afghanistan. The UK remains committed to supporting efforts to reform the electoral system to improve transparency, credibility and the effectiveness of independent electoral bodies.