On 15 August 2021 the Taliban took control over Kabul, Afghanistan. The Taliban seized control in a swift period of time, having only taken control of their first provincial capital on 6 August 2021. The situation in Afghanistan had been dire for quite some time. In July 2021, the Afghanistan Independent Human Rights Commission (AIHRC) issued a statement about the escalation of war and violence in Afghanistan. The statement details the findings of the AIHRC, which regrettably found that the “scope of war and violence expanded unprecedentedly across the country,” and reports civilians being killed, wounded, and forcibly displaced from their homes. The United Nations Assistance Mission in Afghanistan reported that between 01 January 2021 and 30 June 2021 there had been 5,183 civilian casualties in Afghanistan, which resulted in an increase in civilian casualties by 47 percent compared to the first half of the year in 2020. The situation in Afghanistan prior to the Taliban taking control over Kabul was, therefore, already extremely unstable. 

Following its taking over Kabul, the Taliban made attempts to assure Afghan civilians that the Taliban would uphold human rights, including the rights of women and girls. The Taliban have also stated that women can continue to work in government, however positions in cabinet and more senior positions are not guaranteed.  Despite these statements, there is grave concern over the safety and lives of women under the present Taliban regime. During the Taliban regime in 1996-2001, women were the target of degrading human rights abuses, were denied employment and education, were required to wear the burqa and prohibited from leaving their homes unless they had a male person accompanying them.

The situation for women in Afghanistan following the Taliban takeover is vastly uncertain. It has been reported that as of September 2021, at least four female police officers in Afghanistan have been killed by the Taliban. The Taliban have also announced that whilst women will be allowed to complete university, women and men would not be taught in the same classroom.  Afghan women will be required to wear the hijab when attending university classes, however it has not been confirmed whether this means women will have to wear headscarves or also face coverings when at university. Prior to the Taliban takeover, women attending university were not required to abide by a dress code, despite many female university students deciding to wear headscarves. The universities in Afghanistan were previously co-educational. There has been concern that these new regulations will restrict Afghan women’s ability to attend universities as the universities do not have the resources to cater for separate classes.

The recent developments in Afghanistan since the Taliban takeover undoubtedly raise grave fears for the future of women in a Taliban ruled Afghanistan. In 2001, following the Taliban’s removal from power, there was significant progress in Afghanistan’s educational progress, specifically for girls and women.  A report published by the United Nations Educational, Scientific and Cultural Organization provides that the number of girls in primary schools increased from a figure of almost zero in 2001 to 2.5 million in 2018. The number of girls in higher education has also increased dramatically, with about 5,000 girls being enrolled in 2001 to around 90,000 in 2018.  

Whilst women in Afghanistan have demonstrated extraordinary bravery in protesting for women’s rights following the Taliban takeover, whether or not their voices will be heard largely depends on whether they stand alone or not. Malala Yousafzai, who was shot by the Taliban in 2012 and has been a strong advocate for women’s education, stating that "We will have time to debate what went wrong in the war in Afghanistan, but in this critical moment we must listen to the voices of Afghan women and girls. They are asking for protection, for education, for the freedom and the future they were promised".

It is a time for the international community to stand alongside women in Afghanistan so that a clear message is sent to the Taliban: to  “…convey to the Taliban that no entity that treats women as the Taliban did in 2001 can be seen as legitimate”.

Tate De Silva is an Australian solicitor practising in commercial law and commercial litigation. She has a strong interest in human rights and international humanitarian law and is passionate to raise awareness in these areas.

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