Afghan Legal Scholar-in-Exile on Survivor’s Guilt and His Fight for Those Left Behind Under Taliban Rule Features
Left @ JURIST, Right © WikiMedia (Public Domain)
Afghan Legal Scholar-in-Exile on Survivor’s Guilt and His Fight for Those Left Behind Under Taliban Rule

“Lately, I have been experiencing a strong form of survivors guilt,” said Afghan legal scholar Ahmad Ali Shariati in a recent interview. A recipient of the prestigious Chevening Scholarship, he had just completed his studies for a legal master’s at the University of Aberdeen when the Taliban reclaimed control of Kabul amid the fallout of the United States’ chaotic withdrawal from the country last August.

“I feel guilty for being safe here in the UK while my family and so many of my compatriots are still suffering so deeply. I feel guilty for not being able to do more to help them. I feel guilty even for feeling exhausted by my efforts to help thus far,” he said.

When Kabul fell, Ali Shariati watched in horror as the post-Taliban society he had been raised in dissipated under pressure from the resurgent regime.

Having held various government and human rights positions prior to beginning his graduate studies, Ali Shariati had always planned to return to Afghanistan to continue working toward a more just future for his country. But with the Taliban back in power, these goals became illusory.

For starters, his views of a brighter future for Afghanistan were completely at odds with those of the new regime. Despite early assurances to the contrary, democratic ideals of justice and the Rule of Law are not welcome under Taliban-rule.

Prior to their latest rise, the Taliban had engaged in a large-scaled PR campaign aimed at rebranding their image for the 21st century. Amid these efforts, Deputy Taliban leader Sirajuddin Haqqani wrote in an op-ed for The New York Times: “I am confident that, liberated from foreign domination and interference, we together will find a way to build an Islamic system in which all Afghans have equal rights, where the rights of women that are granted by Islam — from the right to education to the right to work — are protected, and where merit is the basis for equal opportunity.”

As many predicted, these proved to be empty words once the regime reclaimed power in 2021. Women have been forced out of all but menial jobs — a fact that has led many female judges and lawyers to flee, fearing their safety. Lawyers have been stripped of their professional independence and rights to practice. And reports abound of executions, enforced disappearances, arbitrary arrests and detentions, and torture.

And ideological obstacles aside, Ali Shariati no longer has a home to return to, his house having been occupied and repurposed as part of a makeshift Taliban military base, and his family having fled.

The latter came as no surprise; Ali Shariati knew immediately that his family would be targeted, whether by the new regime, or by any of the hundreds of prisoners the Taliban freed shortly after claiming control of the country. In addition to having served for many years as a high-ranking military commander, his father served as director of public prosecutions for anti-terrorism and national security. And according to reports, many of the prisoners set free in those early days had been locked up on terrorism charges.

His father and immediate family were evacuated to the International Humanitarian City (IHC) refugee camp in Abu Dhabi. Though they were initially optimistic it would be a brief detour on their path to resettlement in a more stable country, they have now been languishing for five months, with no apparent way out.

Asked how his family has been faring since fleeing, Ali Shariati said that while they may be too stoic to admit it, their suffering is clear. “They would never acknowledge to me that they are struggling, but like anyone who has spent so long in a refugee camp, they are facing many difficulties,” Ali Shariati said.

While talking to JURIST from the University of Aberdeen, he said that though his family’s situation is dire, it is unfortunately far from unique.

“The facilities at the IHC are poorly maintained, and the people there are suffering as a result of inadequate healthcare, unhealthy food, and COVID outbreaks. And to make matters worse, none of them are allowed to leave the camp,” Ali Shariati said. “Just imagine evacuating all of these traumatized people from a war zone, and they all arrive in this new country hoping to find a safe new life, and then they find themselves locked up in a refugee camp for months — how can anyone stay healthy through that?”

And the situation remains bleak for colleagues of Ali Shariati and his father, and other members of the legal community who remain marooned in Afghanistan.

The United States’ abrupt withdrawal from Afghanistan had many casualties. But the country’s lawyers, journalists and others fighting for the Rule of Law have been all too often overlooked. These individuals spent years fighting for the principles of justice and the fundamental rights that the US and other Western governments and international organizations had pumped enormous resources into fostering in Afghanistan. Far too many now find themselves targeted by the Taliban for their allegiance to these causes.

“I have been wondering why these countries don’t feel shame – these countries that for the past 20 years had referred to us as allies could abandon thousands of people who had poured their blood and sweat into fighting for our collective values,” Ali Shariati said.

For him, this has been the most frustrating part — the knowledge that there should be pathways to immigration for those being targeted by the Taliban for assisting Western governments over the past 20 years, combined with the unbearable feeling of futility that comes from a lack of political courage.

“They urgently need help, but global attention seems to be shifting away from Afghanistan by the day. When the Taliban reclaimed power, NATO member states promised to evacuate those who had helped them, who had upheld their values, but despite all this beautiful discourse, those left behind face insurmountable hurdles. Their evacuation will be a matter of political courage,” he said.

Ali Shariati’s formative years and early career took place against the backdrop of a 20-year push toward democracy. He was surrounded by international NGOs and benefitted from a plethora of related educational and professional initiatives. Against this backdrop, he struggles to understand what many Afghans perceive to be a sudden and total disregard for their wellbeing.

“My question to the superpowers, the countries who claim to be the leaders of the free world, human rights, and access to justice — especially the NATO members — is why have they forgotten their allies? They do not understand and do not want to understand the depth and breadth of the catastrophe in Afghanistan. They should know that Afghanistan is a country, and a terrorist organization such as the Taliban cannot represent it. These countries should not lose focus; they have a duty to come and help the people who they abandoned, and left captive to the terrorists. This is not a difficult concept to grasp,” he said.

Still, Ali Shariati feels that his only option is to keep advocating for the freedom of his country, and the resettlement of his and other families. And since the Taliban’s re-emergence, he has remained singularly focused on that goal, targeting politicians and international organizations in his advocacy efforts. As a result, Kirsty Blackman, a Member of the British Parliament, presented his family’s plight before the House of Commons.

“I want to put in place a campaign to ask the international community to further their financial support for the Afghan people as they are suffering acute poverty – provided that the Taliban cannot access the funds,” he said.

Having recently received his LL.M. at Aberdeen, he plans to practice law in the UK, and in the longer term, he hopes to hold an influential position within the international community so he can continue lobbying for his compatriots at ever higher levels.

“I want to work with the global community to promote peace, reconciliation, and democratic state-building in Afghanistan. I want nothing more than to dedicate my life and career to pursuing these vital goals for my country, and to helping liberate my country from terrorism and the Taliban,” he said.

These may be lofty goals, but he sees no alternative. “I don’t know whether I will achieve all these ambitions, but as someone who has lost his country — temporarily, at least — I know with all of my being that I need to work as hard as I can,” he said.