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55th Human Rights Council Session: Pressing for Investigation into Taliban’s Human Rights Violations in International Courts

By: Amin Kawa

Moqim mehran Moqim mehran
2 March 2024 - Solar Hijri Date: 1402/12/12 [t_time:1709397636]
55th Human Rights Council Session: Pressing for Investigation into Taliban’s Human Rights Violations in International Courts

UN

The 55th annual session of the United Nations Human Rights Council has been held in Geneva, Switzerland. Examining the human rights situation in Afghanistan was on the agenda of the fourth day of this session. The Special Rapporteur of the United Nations on the situation of human rights in Afghanistan has presented his report. His report reflects systematic and widespread violations of the human rights of women, girls, and ethnic and religious minorities by the Taliban. According to the report, Taliban crimes against women should be reviewed in international courts. This report has been met with approval by some women’s movements and human rights activists. They consider this report comprehensive and reflective of the dire human rights situation in Afghanistan and have urged the global community to seriously consider the demands of the Afghan people, especially women, and the recommendations of this report. At this session, representatives of several countries and organizations including the United States, Amnesty International, and the European Union have described the situation of women and human rights in Afghanistan as concerning and have demanded that the Taliban immediately revoke their restrictive and violative actions.

Richard Bennett, the United Nations Special Rapporteur on the Situation of Human Rights in Afghanistan, presented his report at the 55th session of the UN Human Rights Council. In his report, he has urged the international community to open a case against the Taliban in The International Criminal Court (ICC) for systematic violations of women’s rights.

The UN Special Rapporteur stated: “Member countries of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) have the authority to open a case against the Taliban in ICC for non-compliance with the convention. I encourage member countries to consider this legal avenue to challenge human rights violations.”

Mr. Bennett added: “Women and girls are being excluded from public life, peaceful dissent is not tolerated, violence and intimidation are used to control and instill fear in society. Public executions and physical punishment by the Taliban are occurring, and there are credible reports of extrajudicial killings, disappearances, and torture of regime opponents who are discriminated against and marginalized, such as the Hazara communities.”

The UN Special Rapporteur on the Situation of Human Rights in Afghanistan stated: “The ruling authorities [Taliban regime] have established a system where discrimination, segregation, suppression, and expulsion of women and girls are institutionalized. I reiterate my previous view that the situation is tantamount to widespread gender-based persecution, which is considered a crime against humanity under the Rome Statute. I go further to say that this situation may be described as gender apartheid.”

Mr. Bennett has stated that Afghan citizens continually contact him and demand the prevention of normalization of global relations with the Taliban.

In Bennett’s report, it is emphasized that the Taliban have not adhered to their commitments regarding the declaration of “general amnesty” and have continued with executions and lashings of suspects in stadiums. He deems this behavior of the Taliban contrary to international laws and Afghanistan’s commitments to international treaties.

He has further emphasized that the Taliban do not tolerate any form of dissent, and anyone who raises opposing voices is arbitrarily detained and tortured. He further added that in October of the previous year, the Taliban did not permit him to travel to Afghanistan, leading to the postponement of his request to visit Afghanistan.

Mr. Bennett’s report states: “The future of Afghanistan should include the active and respectful participation of its diverse population, ensuring full equality and meaningful respect for their human rights, regardless of gender, language, ethnicity, religion, or minority status. Of particular concern is the unprecedented treatment of women and girls in Afghanistan.”

The United Nations Special Rapporteur on the Situation of Human Rights in Afghanistan has called on speakers at the Human Rights Council session: “Stand together for the human rights of the Afghan people. The people of Afghanistan deserve decision-making and consultation in creating an Afghanistan where their international human rights commitments are respected.”

Mr. Bennett has described the high rate of suicide among young girls, especially in the southern regions of the country, as shocking. He stated, “Some reports indicate that 50 percent of suicides occur among young girls.”

The UN Special Rapporteur says there are allegations of violence and misconduct, including sexual abuse against children, in some religious schools. He asserts that according to reports, this misconduct is perpetrated by teachers in religious schools or the madrasas who are exempt from prosecution due to Taliban support for their actions.

Furthermore, Naseer Ahmad Andisha, the Ambassador and Permanent Representative of Afghanistan to the United Nations in Geneva, Switzerland, emphasizes that Afghanistan has plunged into darkness and isolation. According to him, the Taliban have not only violated the civil and political rights of the Afghan people but also their economic and cultural rights.

Mr. Andisha added that the Taliban have banned the celebration of Nowruz, while this cultural and historical celebration is honored throughout the region. Referring to the intensified restrictions imposed by the Taliban on photography, he emphasized that this action further limits media coverage. He added, “People want members of this council to adhere to the Universal Declaration of Human Rights, to the principles of universality and globality of human rights. And when they decide about Afghanistan, they defend fundamental human rights, not for achieving other goals.”

Afghanistan’s Permanent Representative to the United Nations in Geneva, Switzerland, has emphasized that due to widespread human rights violations by the Taliban, members of the international community should not officially recognize the Taliban on the “Fourth Anniversary of the Grim Doha Agreement.”

Meanwhile, Richard Bennett’s report has been welcomed by some women’s movements and human rights activists. According to them, the report addresses the extensive dimensions of human rights violations in Afghanistan and offers good recommendations to countries to hold the Taliban accountable.

Ferima Nawabi, a human rights researcher and former diplomat, told the Hasht-e Subh Daily, “Richard Bennett’s report is one of the best reports one could expect under the current circumstances.”

This human rights researcher adds that the report reflects the dire human rights situation of women, girls, children, and religious and ethnic minorities. Referring to instances of harassment against women and children in this report, she describes it as richly descriptive.

Ms. Nawabi states that Mr. Bennett’s persistent emphasis on investigating the case of human rights violations by the Taliban in international courts is commendable. According to her, the European Union, Australia, and some other Western countries have expressed readiness to pursue the case of human rights violations by the Taliban not only in international courts but also in their domestic courts. She adds that the recognition of gender apartheid imposed by the Taliban, supported by governments, clarifies that the report by Richard Bennett will not remain just a report; practical actions will be taken.

Ms. Nawabi emphasizes that pursuing the recognition of gender apartheid and human rights atrocities by the Taliban requires serious and sustained civil work by human rights activists and women’s rights defenders who do not relent in their efforts.

The Strong Women’s Movement of Afghanistan has also welcomed Richard Bennett’s report in a statement. The movement considers the Special Rapporteur’s request to investigate human rights violations in Afghanistan by the International Criminal Court (ICC) as a result of resilience, sacrifices, and the struggles of the Afghan people, especially protesting women.

On the other hand, Ragupathy Iniyan Ilango, the representative of Amnesty International, stated at this session that the restrictions imposed by the Taliban on women, documented by this organization, could constitute crimes against humanity. The organization’s representative said, “Forced disappearances, arbitrary arrests, extrajudicial killings, torture, and arbitrary detentions are prevalent, primarily targeting Hazaras and Tajiks by Taliban attacks or other groups.”

Amnesty International emphasized that the situation of minorities has worsened since the Taliban dominated Afghanistan. The organization urged the Human Rights Council to establish a mechanism to address the deteriorating human rights situation in subsequent reports and resolutions. Amnesty International also called for the establishment of a body to document and preserve evidence of Taliban human rights violations and hold them accountable.

Meanwhile, Thomas Wagner, the EU representative to the Human Rights Council, expressed concern about the deteriorating human rights situation in Afghanistan, condemning the Taliban’s restrictions against women and Hazaras. He added that discrimination and suppression based on ethnicity and gender in Afghanistan are unacceptable to the European Union.

Christine Toudic, the representative of France, expressed concern about the dire human rights situation in Afghanistan, calling for the cancellation of all Taliban-imposed restrictions. She stated that France will stand with the people of Afghanistan and support them, noting that the Taliban have obstructed French assistance to vulnerable individuals in Afghanistan.

Michèle Taylor, the representative of the United States at the UN Human Rights Council, emphasized her country’s disappointment with the deteriorating human rights situation in Afghanistan. According to her, the Taliban have deprived women and girls of all opportunities, exacerbating the humanitarian and economic crisis in Afghanistan.

The US representative added: “We have witnessed credible reports of horrifying human rights abuses in Afghanistan, including arbitrary detentions, executions, floggings, and extrajudicial killings of former government officials. The international community must speak with one voice to revoke these restrictive measures because Afghanistan’s future depends on everyone being involved in decision-making.”

Katharina Stasch, the representative of Germany at the Human Rights Council, has stated that human rights violations, especially against women, by the Taliban are unprecedented in the world. She has called for an immediate halt to the Taliban’s human rights abuses. According to her, the Taliban’s violent behaviors have intensified in recent weeks, with more Tajik and Hazara women and girls arbitrarily and forcibly detained for allegedly violating the dress code imposed by the group. She has criticized the executions and corporal punishments carried out publicly by the Taliban, stating that the group violates people’s rights and shows no concern for their welfare.

Akseli Lamminmaki, representing the UN Women, also addressed the session. She emphasized that the voices of women and girls in Afghanistan must be heard, and the international community should refrain from recognizing the Taliban which is a demand from the women in Afghanistan.

It is worth mentioning that the Taliban have denounced Richard Bennett’s report as propaganda against themselves. However, the majority of human rights activists and women protesters have welcomed this report.

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