Human rights in Afghanistan
Encyclopedia
The situation of Human Rights in Afghanistan is a topic of some controversy and conflict. While the Taliban were well known for numerous human rights abuses, several human rights violations continue to take place in the post-Taliban government era.
of 2001 established the Afghan Independent Human Rights Commission
(AIHRC) as a national human rights institution to protect and promote human rights and to investigate human rights
abuses and war crimes. The Afghanistan Constitution of 2004 entrenched the existence of the AIHRC. While the ongoing turmoil, violence and reconstruction efforts often make it difficult to get an accurate sense of what is going on, various reports from NGOs have accused various branches of the Afghan government of engaging in human rights violations. There have also been various human rights abuses by American soldiers on Afghan civilians, most notably in the Baghram prisons where innocent civilians endured torture, humiliating conditions, and inhumane treatment. The United States was heavily criticized for lenient sentencing for the soldiers responsible.
in the north have used property destruction, rape, and murder to discourage displaced Pashtuns from reclaiming their homes. Child labor
and human trafficking
remain common outside Kabul
. Civilians frequently have been killed in battles between warlord forces. Poor conditions in the overcrowded prisons have contributed to illness and death amongst prisoners; a prison rehabilitation program began in 2003.
In the absence of an effective national judicial system, the right to judicial protection has been compromised as uneven local standards have prevailed in criminal trials. Fair trial principles are enshrined in the Afghan constitution and the criminal procedure but frequently violated for various reasons, including the lack of well-educated, professional staff (especially defence lawyers), lack of material resources, corruption and unlawful interference by warlords and politicians.
and has encouraged self-censorship. The media remain substantially government-owned. The nominally lesser restrictions of the 2004 media law have been criticized by journalists and legal experts, and harassment and threats continued after its passage, especially outside Kabul.
During the time of Taliban rule, women had virtually all their rights taken away. Matters ranging from wearing nail polish to job opportunities were severely restricted. By keeping women indoors, the Taliban claimed to be keeping them safe from harm.
In late March 2009, Afghan President Hamid Karzai
signed into law an internationally condemned "Shia Family Law
" which condones apparent spousal rape
(in Article 132), child marriage
and imposes purdah
on married Afghan women. Although the offending legislation is said to have been dormant for a year, President Karzai was trying to gain the support of Afghan northern Shia legislators and the neighbouring Islamic Republic of Iran, which is Shia-dominated. According to Britain's Independent newspaper, the 'family code' was not read in the Upper House/Senate, and also enshrines gender discrimination in inheritance law and divorce against women http://www.independent.co.uk/news/world/asa/afgan-leader-accused-of-bid-to-legalise-rape-1658049.html
Post Taliban
The Bonn AgreementBonn Agreement (Afghanistan)
Officially the Agreement on Provisional Arrangements in Afghanistan Pending the Re-Establishment of Permanent Government Institutions, the Bonn Agreement was the initial series of agreements intended to re-create the State of Afghanistan following the U.S. invasion of Afghanistan in response to the...
of 2001 established the Afghan Independent Human Rights Commission
Afghan Independent Human Rights Commission
The Afghan Independent Human Rights Commission is an Afghan organisation dedicated to the preservation of human rights and the investigation of human rights abuses....
(AIHRC) as a national human rights institution to protect and promote human rights and to investigate human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
abuses and war crimes. The Afghanistan Constitution of 2004 entrenched the existence of the AIHRC. While the ongoing turmoil, violence and reconstruction efforts often make it difficult to get an accurate sense of what is going on, various reports from NGOs have accused various branches of the Afghan government of engaging in human rights violations. There have also been various human rights abuses by American soldiers on Afghan civilians, most notably in the Baghram prisons where innocent civilians endured torture, humiliating conditions, and inhumane treatment. The United States was heavily criticized for lenient sentencing for the soldiers responsible.
Law and order
The National Security Directorate, Afghanistan's national security agency, has been accused of running its own prisons, torturing suspects, and harassing journalists. The security forces of local militias, which also have their own prisons, have been accused of torture and arbitrary killings. WarlordsWarlords
Warlords may refer to:* The plural of warlord, a name for a figure who has military authority but not legal authority over a subnational region.* "WARLORDS", the call sign of a United States Navy Helicopter squadron based in Ayase city, Japan....
in the north have used property destruction, rape, and murder to discourage displaced Pashtuns from reclaiming their homes. Child labor
Child labor
Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries...
and human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
remain common outside Kabul
Kabul
Kabul , spelt Caubul in some classic literatures, is the capital and largest city of Afghanistan. It is also the capital of the Kabul Province, located in the eastern section of Afghanistan...
. Civilians frequently have been killed in battles between warlord forces. Poor conditions in the overcrowded prisons have contributed to illness and death amongst prisoners; a prison rehabilitation program began in 2003.
In the absence of an effective national judicial system, the right to judicial protection has been compromised as uneven local standards have prevailed in criminal trials. Fair trial principles are enshrined in the Afghan constitution and the criminal procedure but frequently violated for various reasons, including the lack of well-educated, professional staff (especially defence lawyers), lack of material resources, corruption and unlawful interference by warlords and politicians.
Freedom of speech and the media
The government has limited freedom of the media by selective crackdowns that invoke Islamic lawSharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
and has encouraged self-censorship. The media remain substantially government-owned. The nominally lesser restrictions of the 2004 media law have been criticized by journalists and legal experts, and harassment and threats continued after its passage, especially outside Kabul.
Religious freedom
No registration of religious groups is required; minority religious groups are able to practice freely but not to proselytize. Islam is the official religion, all law must be compatible with Islamic morality, and the President and Vice President must be a Muslim.Women's rights
The Constitution promises equal rights for men and women, and women are permitted to work outside the home, to engage in political activity, and the Constitution requires each political party to nominate a certain number of female candidates.During the time of Taliban rule, women had virtually all their rights taken away. Matters ranging from wearing nail polish to job opportunities were severely restricted. By keeping women indoors, the Taliban claimed to be keeping them safe from harm.
In late March 2009, Afghan President Hamid Karzai
Hamid Karzai
Hamid Karzai, GCMG is the 12th and current President of Afghanistan, taking office on 7 December 2004. He became a dominant political figure after the removal of the Taliban regime in late 2001...
signed into law an internationally condemned "Shia Family Law
Shia Family Law
Shia Family Law or Shiite Personal Status Law is a law of Afghanistan that was approved in February 2009 with Afghan President Hamid Karzai's signature. A portion of the law pertaining to sexual relations between husband and wife has made international headlines...
" which condones apparent spousal rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
(in Article 132), child marriage
Child marriage
Child marriage and child betrothal customs occur in various times and places, whereby children are given in matrimony - before marriageable age as defined by the commentator and often before puberty. Today such customs are fairly widespread in parts of Africa, Asia, Oceania and South America: in...
and imposes purdah
Purdah
Purdah or pardeh is the practice of concealing women from men. According to one definition:This takes two forms: physical segregation of the sexes, and the requirement for women to cover their bodies and conceal their form....
on married Afghan women. Although the offending legislation is said to have been dormant for a year, President Karzai was trying to gain the support of Afghan northern Shia legislators and the neighbouring Islamic Republic of Iran, which is Shia-dominated. According to Britain's Independent newspaper, the 'family code' was not read in the Upper House/Senate, and also enshrines gender discrimination in inheritance law and divorce against women http://www.independent.co.uk/news/world/asa/afgan-leader-accused-of-bid-to-legalise-rape-1658049.html
Sexual orientation
Homosexuality and cross-dressing were capital crimes under the Taliban, but seem to have been reduced to crimes punished by long prison sentences.See also
- Abdul RahmanAbdul Rahman (convert)Abdul Rahman was an Afghan citizen who was arrested in February 2006 and threatened with the death penalty for converting to Christianity. On March 26, 2006, under heavy pressure from foreign governments, the court returned his case to prosecutors, citing "investigative gaps". He was released...
- Central Asia Health Review
- LGBT rights in Afghanistan
- Revolutionary Association of the Women of AfghanistanRevolutionary Association of the Women of AfghanistanThe Revolutionary Association of the Women of Afghanistan is a women's organization based in Quetta, Pakistan, that promotes women's rights and secular democracy...
- Sayed Perwiz Kaambaksh
- Shia Family LawShia Family LawShia Family Law or Shiite Personal Status Law is a law of Afghanistan that was approved in February 2009 with Afghan President Hamid Karzai's signature. A portion of the law pertaining to sexual relations between husband and wife has made international headlines...
- March 4, 2007 Shooting in Shinwar, Afghanistan
External links
- Review of Afghanistan by the United Nations Human Rights CouncilUnited Nations Human Rights CouncilThe United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...
's Universal Periodic Review, May 7, 2009. (Scroll down past New Zealand.) - Afghanistan's MDG - Millennium Development GoalsMillennium Development GoalsThe Millennium Development Goals are eight international development goals that all 193 United Nations member states and at least 23 international organizations have agreed to achieve by the year 2015...
- Afghanistan Independent Human Rights Commission (AIHRC)
- Afghan Women's Network
- Women's Rights in Afghanistan Fund - funded by Canadian International Development AgencyCanadian International Development AgencyThe Canadian International Development Agency was formed in 1968 by the Canadian government. CIDA administers foreign aid programs in developing countries, and operates in partnership with other Canadian organizations in the public and private sectors as well as other international organizations...
(CIDA) - World Observes International Mine Awareness and Assistance Day Central Asia Health Review. Apr. 5,2008
- Poor Sanitation Causes Death among Children under Five in Afghanistan Central Asia Health Review. Mar. 14,2008
- Freedom of expression in Afghanistan - IFEXInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
- Omid Learning Centers- Educating Young Afghan Girls
- HRW - Afghan Election Diary - work on Afghanistan from Human Rights Watch
- BBC News - Afghan women seek death by fire - 15/11/06
- http://www.independent.co.uk/news/world/asia/afghan-leader-accused-of-bid-to-legalise-rape-1658049.html- Jerome Saxby: "Afghan leader accused of bid to legalise rape" Independent 31.03.09.
- Human Rights Middle East