A GRAVEYARD OF EMPIRES
Afghanistan, a country that has been ripped apart by conflict, has endured over forty years of war. The country, which has been referred to as the graveyard of empires, has suffered greatly from seemingly endless conflict. Since 2001, terrorist attacks across the country have become commonplace, accompanied by human rights violations with respect to women and girls, particularly (although not solely) in areas controlled by the Taliban. Following the withdrawal of U.S. combat forces, the situation in the country seems to be worsening. The return of the Taliban – who ruled Afghanistan from 1996 to 2001 – signifies an end to civil liberty and a threat to democratic structures and fundamental human rights (primarily women's rights).
THE U.S. WITHDRAWAL
U.S. President Joe Biden proclaimed the withdrawal of all American forces from Afghanistan on 14 April 2021. According to the Agreement for Bringing Peace to Afghanistan, which was settled by U.S. President Donald Trump and the Taliban, U.S. troops were to withdraw from Afghanistan by 1 May 2021, marking an end to the 18-year war. President Biden inherited the agreement from President Trump and prioritised the U.S.’ interests, seeking to protect American military troops; as he said in August 2021 “American soldiers cannot and should not die in a war that is not theirs.” Strengthened by the withdrawal of U.S. troops, the Taliban seized command of Afghanistan in a matter of weeks, erasing 20 years of work and protection at a velocity no one could have expected.
PROMISES FROM THE TALIBAN
Since the Islamist terrorist organisation proclaimed itself triumphant after conquering Kabul's capital and the Presidential Palace, Afghanistan has been plunged into turmoil, with President Ashraf Ghani escaping. Citizens live in fear as a consequence of the insurrection: most people are terrified that the Taliban will reinstate their interpretation of Sharia law and regulations that were in place from 1996 to 2001 and have been trying to flee.
During a press conference in August 2021, the Taliban claimed they had changed and were vowing to govern the country in a democratic fashion while recreating the Islamic Emirates of Afghanistan. Via their spokesperson Zabihullah Mujahid, the Taliban promised freedom of the press and respect for the liberties of women and minorities during their first press conference ever. Their spokesperson also pledged to offer comprehensive security to foreign diplomats and for the group not to assault personnel or their properties, including embassies, international institutions, and aid-giving entities. Furthermore he told the international community, particularly their neighbours, that they seek to honour international boundaries and relationships and expect the same in exchange. He also claimed that the Taliban will have a different perspective compared to the one it adopted during its previous time in power.
WOMEN’S RIGHTS IN QUESTION
Although the Taliban now has a twitter account, they haven't changed much in any other way. On the outside, Taliban spokespeople have continued to assert that women's rights are respected. They changed their messaging about women’s rights during the Doha negotiations to appear acceptable to the international community: they vowed to allow girls to have an education and allow women to work. Yet these assertions seem more vacuous than ever before. They have not renounced violence, have not changed their antiquated notions regarding justice and women, and provide sanctuary for terrorist organisations. Despite repeated calls from the United Nations and the United States, the bloodshed continues.
Before they seized power, incidents including the Taliban's bombing of a girls' hostel (during which more than 80 girls died), the confinement and murder of female journalists, and women being whipped forty times for speaking on the phone with a man spoke volumes. In March 2021, nearly 20% of female journalists in Afghanistan had quit or lost their jobs (with the former citing the targeted killings as their reason). Women's victories in Afghanistan over the last two decades, particularly in terms of education, public employment, and participation in politics, are therefore being seriously threatened.
Indeed, in July 2021, the Taliban authorities in the regions of Badakhshan and Takhar issued an order to regional religious officials [imams and mullahs] to provide them with a registry of females over the age of 15 and widows under the age of 45 for marriage to Taliban insurgents. After such forced marriages, women and girls are then relocated to Waziristan in Pakistan to be “re-educated” about “true Islam.” This order induced terror, compelling many to escape and become forcibly displaced persons, exacerbating Afghanistan's existing catastrophic humanitarian situation. This is a type of sexual enslavement.
It therefore seems as if the Taliban have forsaken the illusion of tolerance, with frightening stories surfacing of school closures, mobility restrictions, and women being forced to leave their jobs.
Moreover, while forming their interim administration, the Taliban opted to reestablish the Ministry for Propagation of Virtue and Prevention of Vice, which was dismantled by the U.S. over 20 years ago, signalling a relapse into a tumultuous period for women's rights. The Taliban also issued a trilogy of ordinances that govern every component of women's professional and personal lives. Working and appearing in public without a male family member, engaging in government or other public debates, and enrolling for co-education institutions and universities (which the Taliban considers to be “un-Islamic”) are all prohibited for women.
INTERNATIONAL LAW AND WOMEN’S RIGHTS
Since the Taliban has established an administration in Afghanistan, it is important to keep in mind that they must adhere to international human rights law's core principles – specifically the human rights instruments signed and ratified by Afghanistan, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), both adopted in 1966. Afghanistan also signed the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on 14 August 1980, followed by the Convention on the Rights of the Child (CRC) on 27 September 1990.
The Taliban's regulations are in violation of two key treaties: the ICCPR and the ICESCR. The Taliban's enforcement of draconian prohibitions in terms of women's rights cannot be justified because they are a blatant violation of article 19 of the ICCPR. The Taliban's rules and actions enforce an indefinite suspension on all forms of association, assembly, and movement for women, particularly because they are unable to move freely without the presence of their male family members; this is therefore a clear violation of articles 22 and 21 of the ICCPR and articles 13 and 2 of the Universal Declaration of Human Rights [‘UDHR’]. The CEDAW [articles 1, 2, 3, and 4] also compels states to overcome the impediments that women, primarily those residing in rural communities, face when attempting to access their right to equality.
The UDHR [article 23], the ICESCR [article 7], and CEDAW [article 11], all protect the freedom and right to work. States are obligated to protect the rights of everyone to earn a living through employment that they freely choose or undertake. Notwithstanding the Taliban's promises to Afghans and the international community that women would have equal rights under their government (including the right to work), their freedom and rights have indeed been consistently denied in practice. For example, Afghan women going to work in a bank in Kandahar were ordered to leave because their occupations were deemed unacceptable by the Taliban, whilst their male colleagues were allowed to take their places. Female journalists and news reporters are no longer entitled to run their television programs. These prohibitions on women's right to work are yet another example of Taliban rule, which is built on gender discrimination and contravene numerous international obligations.
Taliban administration in March 2022 announced that girls’ high schools would be closed, hours after they reopened for the first time in nearly seven months. The Ministry of Education issued a press release that schools for girls would be closed until a framework is constituted in accordance with Islamic law and Afghan culture. Under UDHR [article 26], ICESCR [article 10], CEDAW [article 10] and CRC [article 28], every individual has the right to education. The state is obligated to provide universal elementary and basic education without discrimination premised on gender and race, it is also obligated to provide equal access to higher education under ICESCR [articles 13 & 14] and CRC [article 24]. Furthermore, fair and equitable access to medical care for women is a fundamental component of the internationally recognised right to health. CEDAW under article 12 requires all women, including those in remote regions, to have access to this right. ICESCR under article 12 also protects equal rights to the “highest attainable standard of health.”
In Afghanistan, women (particularly human rights defenders, civil society activists and leaders, judges and prosecutors, women in the security forces and who were former government employees, and journalists) have been subjected to discriminatory Taliban rules and to threats of violence and actual violence without any of the protection of due process. Under the ICCPR [articles 4 and 26], the laws of every state are obligated to treat all citizens as equal and should guarantee equal protection for everyone under the law without discrimination. Furthermore, under article 7 of ICCPR, that state is obligated to adhere to international law and punish violations of bodily integrity and take measures to protect women from gender-based violence and discrimination. It also ensures the right to a presumption of innocence until found guilty in court; an individual’s right to be informed of the charges brought against them; the right to equal treatment before the law; the right to legal representation; the right not to be subjected to torture or cruel, inhuman, or degrading treatment or punishment; and the right to adequate time and amenities to prepare one's defensive system.
In September 2021, the United Nations Economic and Social Council released a statement condemning the Taliban for meeting peaceful protests (regarding human rights, specifically for women) with violence. The UN also raised worries about the limits being placed on women's movements and asserted that women are increasingly being marginalised from the public realm. Subsequently, the UN Human Rights Office of the High Commissioner appointed a special rapporteur to Afghanistan for a year to investigate the country's human rights situation. The rapporteur was appointed to examine and act on information from all relevant stakeholders pertaining to the situation of human rights in Afghanistan. In 2022, the rapporteur urged all the Afghan authorities to bring to an end of all human rights violations against women and girls.
CONCLUSION
The future of women's rights in Afghanistan has been plunged into uncertainty as the Taliban have taken control of the country. It is the international community's obligation to ensure that women's rights and liberties are protected in the country. The country, which has for a long time held a shattered dream of peace, now longs for conflict to truly end.
Sarthak Gupta is an undergraduate law student on the B.A; L.L.B [Hons] at the Institute of Law, Nirma University, India. His academic interests include Constitutional Law, Human Rights law; Gender Studies, and International Law.