In June, Richard Bennett, UN Special Rapporteur on the situation of human rights in Afghanistan, called for an “all tools” approach to challenge and dismantle the Taliban’s institutionalized system of gender oppression and hold those responsible accountable in his report to the Human Rights Council.
Despite international efforts and pressure on the Taliban to reverse their oppressive rules, on August 26th, they issued a new morality law banning women’s voices and faces in public, further escalating the regime’s ongoing campaign against the rights of women and girls in Afghanistan.
Richard Bennett emphasized in his report to the Human Rights Council that “The latest Taliban morality law marks a new phase in the ongoing regression in the respect for human rights.” He noted that human rights have been violated for over a span of four decades in Afghanistan, and urged Member States to identify survivor-centered and gender-responsive pathways to justice while strengthening existing mechanisms to address the gravity of the situation.
Echoing this call for action, Human Rights Watch stated in a recent report, “The United Nations Human Rights Council should urgently create an independent body to pursue accountability for all those responsible for serious abuses – past and present – in Afghanistan.”
Since the Taliban’s return to power, women’s rights have significantly regressed. They face severe restrictions on freedom of movement, access to education and professional opportunities, and participation in public life. The phenomena of domestic violence and forced marriage have surged. Women have suffered from restricted access to healthcare, which has brought about rising maternal mortality rates. And against the backdrop of the disintegration of legal protections, institutions women once leaned on for support have been dismantled.
Afghanistan is a signatory to several international human rights treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). These treaties obligate Afghanistan to protect women’s rights, ensure their safety and equality, take measures to eliminate gender-based discrimination, provide equal access to education, healthcare, and employment, and protect women and girls from violence and exploitation.
The current situation in Afghanistan represents a clear violation of these international legal standards.
Achieving accountability in Afghanistan, however, faces numerous obstacles. The current political situation, coupled with a lack of access to justice, presents significant challenges. The dismantling of human rights support institutions has left a void in the protection of women’s rights. Moreover, the Taliban’s control over the judiciary and law enforcement agencies further complicates efforts to hold perpetrators accountable.
In this context, international organizations play a crucial role in ensuring accountability. The UN Human Rights Council, through mechanisms like the Special Rapporteur, can investigate abuses and recommend actions. Additionally, the International Criminal Court (ICC) holds the potential to prosecute those responsible for war crimes and crimes against humanity. These international bodies can provide the necessary oversight and pressure to address the ongoing human rights violations in Afghanistan.
While the situation for women in Afghanistan remains dire, there is hope for change through accountability and support. The international community must continue to exert pressure on the Taliban to respect human rights and allow independent investigations. Strengthening local human rights organizations is crucial to provide on-the-ground support and advocacy. Legal reforms must be pursued, even in the face of resistance, to establish a framework for protecting women’s rights. Providing direct support to victims, through both humanitarian aid and long-term empowerment programs, is essential for healing and rebuilding lives.
These measures, while challenging to implement, are crucial for achieving justice and empowerment for Afghan women. The path forward requires unwavering commitment from the international community, persistent advocacy, and a multi-faceted approach that addresses both immediate needs and long-term systemic changes. Only through sustained effort and a refusal to turn a blind eye to these atrocities can we hope to see a future where Afghan women and girls can live with dignity, freedom, and equal rights.
The author is an Afghan legal scholar whose identity cannot be disclosed at this time due to acute security concerns.