One of the most significant discussions in international law currently concerns the future of women in Afghanistan. The return of the burqa is the latest decree that confirms that Afghan women have lost their rights. The burqa, different from the Niqab, Hijab, and Chador, is an all-covering veil designed to cover women from head to toe. This is contrary to what the new moderate Taliban government had promised, which was to respect women's rights and not treat women as property. 

How did Afghanistan reach this point? For an answer, we need to look back to August 2021, when troops from the United States (US) pulled out of Afghanistan, and the Taliban again took power. Since the Taliban’s return, it appears as though Afghanistan has revisited the 1990s when the Taliban last ruled the country and violated all women's rights. 

DEVELOPMENT OF WOMEN’S RIGHTS IN AFGHANISTAN 

Three events in Afghanistan’s modern history signified the start of modernisation. Firstly, in 1919, after Amanullah Khan succeeded to the throne, women obtained the right to vote. In 1950, the monarchy eliminated gender separation, thus advancing towards gender equality. Ultimately, in 1964, Afghanistan's third constitution granted women political participation. However, the Soviet occupation and the Taliban seizure of power in the 1990s changed everything. Women in Afghanistan have now experienced a 100-year regression in their rights. 

There is no doubt that the path of Afghan women’s rights changed direction after the 9/11 attack and subsequent arrival of the US troops in Afghanistan. In fact, the country finally ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2003. Nonetheless, it was always unclear whether Afghanistan could maintain these rights improvements for women if the US troops were ever to pull out.

Is it not necessary here to review every article of CEDAW. However, article 2 of CEDAW does state that the intention is “to embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein”. One might argue that “equality” is the essential word from that quote. The Oxford Dictionary defines equality as “the fact of being equal in rights, status, advantages, etc”. The question remains whether this definition of equality exists under the Taliban regime, given the current state of women's rights. 

THE CURRENT STATE OF AFGHANISTAN 

It seems as though the Taliban has no intention of changing its position. There is significant evidence to suggest that it is even willing to sacrifice its international recognition and the country’s health to remain in power. Afghanistan’s population is currently facing one of the worst crises it has experienced. 

Recently, the World Bank gave a comprehensive review of Afghanistan’s situation. By December 2021, 70% of Afghanistan households could not afford basic food needs and access to adequate health services. This state of affairs has a significant impact on women, who have not only lost their rights, but they must also learn how to survive in a country that lacks food, jobs, education, and a healthcare system. The international community has tried to ease the situation by providing international aid. The US on its own has donated more than 425 million dollars. Nonetheless, it is evident that actions with a real impact need to be carried out to save all the women, children, and men suffering in Afghanistan. 

Women and girls in Afghanistan are asking themselves “What is our crime? That we are girls?” on a daily basis. Together with the introduction of the burqa, the Taliban also made a recent announcement. In March 2022, the Taliban government declared that girls that had already attended sixth grade would not have the possibility of returning to school until further notice. At the present time, the main component of Afghan women's future is uncertainty. In this new reality, their lives depend on the will of a government that seems to believe women are the enemy. 

END OF AN ERA? 

In Afghanistan today, women are not allowed to work in either movies or TV shows, travel long distances without a male accompaniment, or work alongside men.  In 2021, the return of the Taliban signalled the end of women's rights. The Taliban governs Afghanistan under its interpretation of Islamic Sharia Law, mainly based on the elimination of women from all aspects of public life. But, although all these recent laws represent the end of an era of progress, there is hope that they will not last. History has previously demonstrated that the laws created and imposed by the Taliban regime will fray and eventually fall apart, and that women will once again regain their voice.

It appears that the Taliban will continue violating the rights codified in CEDAW. The new measures implemented by the government demonstrate that it does not matter to some states whether they sign treaties, given that their willingness to respect them is minimal. Women must resume the fight they thought they had already won. The world must keep its eyes on Afghan women and their plight. The international aid provided has been a game-changer, but more must be done if women want to secure a future in Afghanistan. 

Ana is a final-year International Studies student at Carlos III University. She is passionate about International Law and Politics, and wishes to specialise in Human Rights.

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