COMMISSION ON HUMAN RIGHTS Fifty‑sixth session Item 12 (a) of the provisional agenda
INTEGRATION
OF THE HUMAN RIGHTS OF WOMEN AND
THE GENDER PERSPECTIVE
VIOLENCE AGAINST WOMEN
Report
of the Special Rapporteur on violence against women, its causes and consequences,
Ms.
Radhika Coomaraswamy, submitted in accordance with Commission
on Human Rights resolution 1997/44
Addendum
Mission
to Pakistan and Afghanistan (1-13
September 1999)
GE.00-11581 (E)
CONTENTS
Paragraphs Page
Introduction...............................................................
1 - 7
3
I. GENERAL FINDINGS.......................................................
8 - 19
4
II. SPECIFIC FINDINGS......................................................
20 - 39
6
A. Physical security........................................................
20 - 22
6
B. Right to education......................................................
23 - 25
7 C. Right to health...........................................................
26 - 27
8
D. Right to employment...................................................
28 - 29
9
E. Freedom of movement....................................................
30
9
F. Freedom of association....................................................
31
9
G. Rights of minority women.............................................
32 - 34
10
H. Trafficking and prostitution..............................................
35
10
I. Ministry for the Propagation of Virtue and the Suppression of Vice.........................................................................
36 - 38 10
J. The war and Islam..........................................................
39
11
III. AFGHAN REFUGEES IN PAKISTAN....................................
40 - 68
11
IV. HUMAN RIGHTS DEFENDERS AND NON-GOVERNMENTAL ORGANIZATIONS............................
69 - 77
16
V. UNITED NATIONS SYSTEM AND THE INTERNATIONAL COMMUNITY..............................................................
78 - 86
18
VI. RECOMMENDATIONS....................................................
87 - 98
20
Annex: Selective list of persons/organizations
with whom the Special Rapporteur met during her mission ………………………………..
22 Introduction
1. At
the invitation of the Governments of Pakistan and Afghanistan, the Special Rapporteur
on violence against women, its causes and consequences, visited Pakistan and
Afghanistan from 1 to 13 September 1999 to study the issue of violence against
Afghan women. In Afghanistan, the
Special Rapporteur visited Faizabad on 7 September 1999 and Kabul from 9 to
11 September 1999. She
had also requested access to Mazar-e-Sharif, but owing to a misunderstanding
it was not possible for the visit to take place.
In Pakistan, the Special Rapporteur visited Islamabad, Peshawar, Lahore
and her assistant also visited Quetta to meet with Afghan refugees on her
behalf. 2. The
Special Rapporteur would like to express her appreciation of the cooperation
and the assistance extended to her by the Government of Pakistan and the authorities
in Kabul and Faizabad. 3. The
Special Rapporteur is especially grateful for the efficient cooperation and
support provided by Mr. Erick de Mul, United Nations Humanitarian Resident/Coordinator
for Afghanistan, and his staff in ensuring a substantively and logistically
successful visit. The Special Rapporteur
would also like to place on record her appreciation of the assistance given
to her by the Office of the United Nations High Commissioner for Refugees
(UNHCR), the United Nations Children’s Fund (UNICEF) and the World
Food Programme (WFP). 4. During
her visit to Pakistan, the Special Rapporteur met with the Minister for Foreign
Affairs; the Regional Commissioner for Afghan Refugees, North West Frontier
Province; the Taliban Ambassador; and the National Human Rights Commission.
The Special Rapporteur also met with representatives of women’s
organizations, international organizations, and United Nations agencies,
and took testimonies from individuals. 5. In
Faizabad, Afghanistan, the Special Rapporteur had meetings with the Acting
Governor of Badakhshan Province, the Representative of the President, Mr.
Tarik Amin, non-governmental organizations and individuals. The Special Rapporteur also visited a school, an orphanage and a
hospital. 6. The
Special Rapporteur, together with the Special Rapporteur on the situation
of human rights in Afghanistan, Mr. Kamal Hossain, visited Kabul from 9 to
12 September 1999 and met representatives of the Taliban authorities, members
of the press, humanitarian agencies, non‑governmental organizations
and individuals. The Special Rapporteur
visited a few villages, including the village of Dashtak in the Charasiab
district of Logar province, where 50 families had returned after more than
20 years in refugee camps in Pakistan. The
Taliban authorities also arranged for visits to the Rabia Balkhi hospital,
a rural health project for women, a primary school for girls and a camp for
internally displaced persons. 7. The
Special Rapporteur would like to express her heartfelt thanks to all the women
who agreed to tell their very personal stories to her so that she could attempt
to understand the suffering which they had endured. The Special Rapporteur would also like to thank the organizations
which facilitated meetings with Afghan women survivors of violence. I. GENERAL FINDINGS 8. In
the area of academic research, writing and discourse, significant information
and documentation exists on the historical situation of women in Afghanistan
and the violations of their rights during the many years of conflict in the
territory (see previous reports of the Special Rapporteur on the situation
of human rights in Afghanistan to the Commission on Human Rights and the General
Assembly, and of the Secretary-General to the Security Council and the Sub‑Commission),
therefore this report will not contain a detailed historical analysis for
lack of space, but will instead concentrate on the findings of the Special
Rapporteur at the time of her visit in September 1999. 9. At
the time of the Special Rapporteur’s visit the civil war and political
instability in Afghanistan continued unabated.
The Taliban (a Pashtun dominated conservative Islamic movement) controlled
the majority of the country, including Kabul, the capital city. The Taliban movement is seen by many as a product
of the conflict that originated in the 1978 socialist coup, the subsequent
Soviet invasion, the continued fighting and resistance leaders who failed
to unite and form a stable government. In
1997, the Taliban changed the name of the country to the Islamic Emirate of
Afghanistan and appointed Mullah Omar as Head of State. There is a six‑member ruling council
in Kabul, but ultimate authority for Taliban rule is with Mullah Omar and
the Taliban’s inner shura (council), located in Kandahar. The Northern Alliance headed by President Rabbani
and his military commander Ahmad Shah Masood continues to control some territory
in the north-east. 10. There
is said to be no constitution, rule of law or independent judiciary. The Taliban’s Islamic courts and religious
police enforce their own interpretation of Islamic law and punishments, often
following swift summary trials. The
religious police reportedly impose immediate punishment for violations of
Taliban edicts. Judicial procedures
are said to vary, depending on the region and the local commanders. With no functioning nationwide judicial system,
many municipal and provincial authorities rely on their own interpretation
of shariah law and traditional tribal codes of justice. Several provincial administrations maintain
limited functions, but civil institutions are largely non-existent. The Gender Disparity Index, a composite index
based on measurement of female life expectancy, educational attainment and
income, ranks Afghanistan in the lowest position of any country in the world
(UNDP, Human Development Report 1995). 11. This
chapter includes information gathered by the Special Rapporteur during her
visit in relation to different types of violence against women; this information
is not exhaustive, but is indicative of the situation of Afghan women in Afghanistan
and Pakistan. 12. The
Taliban authorities reiterated their commitment to the international human
rights instruments that Afghanistan has signed. This was confirmed at a meeting with officials of the Taliban Ministry
for Foreign Affairs. Afghanistan is
a party to the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights and the Convention on the
Rights of the Child, and has signed, but not ratified, the Convention on the Elimination of All Forms of Discrimination
against Women. The Taliban authorities
in Afghanistan are therefore not only accountable under customary international
law provisions on human rights, but also by the specific clauses in the above
conventions relating to the rights of women.
13. The
Special Rapporteur found official, widespread and systematic violation of
the human rights of women in Taliban controlled areas of Afghanistan. Most countries of the world appear to tolerate
some practices that discriminate against women, but in only some countries
is discrimination official policy. In
Taliban controlled areas of Afghanistan, discrimination against women is officially
sanctioned and pervades every aspect of the lives of women. They are subject to grave indignities in the
areas of physical security and the rights to education, health, freedom of
movement and freedom of association. The
Special Rapporteur also heard allegations of the clandestine trafficking of
women and of the mistreatment of women from minority communities. 14. As
the result of pressure from the international community and the local population,
certain minor changes have taken place since 1997. The Taliban Ministry of Education informed
the Special Rapporteur that there are now primary schools for girls aged 6
to 10, run by the Ministry of Religious Affairs.
However, there was a refusal to state that there would be secondary
and tertiary education for women. There
was also no explanation why the schools for girls were run by the Ministry
of Religious Affairs and not the Ministry of Education.
The Special Rapporteur visited one such school located in a mosque
where the students were chanting verses from the Koran. The textbooks included sections on very elementary Mathematics and
Science, but the illustrations for these books included torpedoes and guns
- indicating a certain acceptance of the culture of war even at the primary
school level. 15. Another
minor change is that women may now work in the health sector. Women doctors and nurses may now work in hospitals
catering for women. There is a nursing
school for women and some classes are being given to train women doctors.
However one wonders how another generation of women doctors can emerge
without secondary or tertiary education.
The Special Rapporteur was also told of an edict allowing needy widows
to work in the social service and health sectors. 16. Despite
the official edicts that discriminate against women and the presence of Taliban
religious police that monitor compliance with these edicts, there is a diversity
of practice in the countryside outside of Kabul. Women in the villages the Special Rapporteur
visited did not wear the burqa, working in the fields wearing a shawl. A male relative did not accompany the women
and they spoke openly about the need for education for their daughters. In Kabul, home based schools were being run
for women in defiance of Taliban edicts.
Not one Afghan woman with whom the Special Rapporteur spoke, either
in Afghanistan or Pakistan, approved of Taliban policy towards women. They were of the opinion that this was not
Islam. Though some women welcomed
the semblance of security in the areas controlled by the Taliban, none of
the women felt that the discrimination in the Taliban edicts was justified. On the contrary, they were full of complaints
and negative anecdotes. 17. The
situation of Afghan refugee and internally displaced women deeply concerned
the Special Rapporteur. During her
visit, there was fighting in the Shomali valley between the forces of the
Taliban and the Rabbani government. The
Special Rapporteur was given full access to internally displaced women from
the Shomali valley at the compound of the former Russian Embassy in Kabul. She also met recent refugees from the Shomali
valley in Peshawar. They spoke of
a strategy of war that violates international humanitarian law and practice.
The men who lived in the Shomali villages were arrested and taken away
to unknown locations. Women and children were separated from the
men and put into trucks. They were
first taken to Jalalabad, but after some protest they were brought to Kabul.
Seventy per cent of the internally displaced at the Russian Embassy
compound were women and children. The
World Food Programme gave them a corn soya blend (CSB) food substitute and
the Taliban provided them with bread for the day.
There was no soap, water or other such sanitary facilities and only
transport to health institutions in emergency cases.
The vast majority of the displaced women were concerned about the whereabouts
of their husbands, brothers and sons. In
addition, they spoke of all their houses being burnt to the ground and their
agricultural lands being destroyed. They
could not return to their homes and were forcibly displaced. 18. The
Special Rapporteur also visited the area controlled by the Rabbani government
in Faizabad. Before her visit, she
had received reports that the worst period of violence against women during
wartime in Afghanistan was when the Rabbani government controlled Kabul. During
her visit, she was shown schools where girls studied up to the university
level She was also shown health facilities
for women in the Faizabad hospital. Although
the conditions were substandard in terms of infrastructure, there did not
appear to be discrimination in the areas of education and health.
However, the Special Rapporteur reminded the representatives of the
Rabbani government that it was their government that first introduced a very
strict rendering of law that denied women their rights.
She was reassured that if the Rabbani government were to return to
power in Kabul it would ensure that its laws were in conformity with its international
obligations, especially the Convention on the Elimination of all Forms of
Discrimination against Women.
19. The
official, widespread and systematic discrimination against women is made worse
by the conditions of poverty and war. As
long as the war continues, women will continue to be displaced and in addition
many of the justifications for not allowing women rights would remain in place.
The Special Rapporteur visited some of the poorer villages around Kabul. She was deeply concerned by what she saw. In one village, health facilities were a five-hour
walk from the village. There was only
one very small well for the whole village. There were no schools, no jobs and the dryness of the land and war
devastation had made the land unsuitable for agriculture. Women eked out an earning from the skills they
had learnt when some of them were refugees in Pakistan. The children appeared malnourished and had
skin rashes associated with unhealthy living conditions. The conditions of these women and children
are unlikely to improve until peace and a minimal level of prosperity return
to Afghanistan. II. SPECIFIC FINDINGS
A. Physical security
20. Physical
security remains a central concern for women in Afghanistan. The armed conflict still results in a great
deal of physical abuse. The worst
period for sexual assault was when there was civil war in Kabul. In recent years, security has improved in Kabul
and the Special Rapporteur did not receive any allegations of war-related
sexual assault in the Taliban controlled areas. However there appears to be continuous assault and abuse on the
front-lines. The Special Rapporteur
received several reports of sexual assault and abuse by “Non-Afghan Taliban”,
especially in the Shomali valley, but was unable to verify the reports because
of the situation in the area.
21. In
urban areas, particularly in cities such as Kabul, Herat and Mazar, though
war-related physical abuse has decreased, the female population is still under
threat from the official apparatus dealing with violations of edicts enunciated
by the Taliban Ministry for the Propagation of Virtue and the Suppression
of Vice. Members of the Ministry assault
women who violate these edicts with instruments that look like leather cricket
bats. (The religious police allegedly
specifically hit women on private parts of the body, for example the breasts,
in the knowledge that women are less likely to show the bruising, even to
family members.) This is done
on the spot without a right to be heard or any due process. Women told the Special Rapporteur many stories of how they had been
beaten for allowing their ankles to show, for being without a male relative,
for laughing loudly, for wearing the wrong type of burqa, etc. There was also a belief among the women that
educated women were singled out for humiliating treatment. The arbitrary nature of these beatings raises
serious questions of human rights and goes to the heart of women’s physical
security and well-being.
22. In
addition to arbitrary public beatings on the street, women who violate the
Hudood Ordinance with regard to questions of morality, including adultery
and fornication, are publicly lashed at the stadium in front of large crowds. These spectacles reportedly take place every
Friday. This cruel and inhuman punishment
continues to be applied. Officials
of the Taliban Ministry of Justice were adamant that these punishments will
continue. The ease with which women
are punished for adultery and fornication contrasts with the difficulty that
women have in proving rape when it occurs.
They need the testimony of four witnesses in addition to the normal
evidentiary requirements. If they
fail to prove rape in a context where sexual intercourse has taken place,
they, the victims, may end up being flogged for fornication or adultery. Given that there have been enormous developments
in law at both the international and national level to protect women victims
of rape, the structure of rape laws in Afghanistan raise serious questions
regarding the violation of women’s human rights.
B. Right to education
23. When
the Taliban first took control of Kabul, they announced that there would be
no schooling for girl children until peace arrived. In recent months, owing to the enormous pressure of the international
community and the growing demand from the local population, there are now
some schools for girl children between the ages of 6 and 10. The Ministry of Religious Affairs runs these
schools. The main component of their
studies is the Koran, but there are also textbooks that deal with Mathematics,
Science and Social Science at a very elementary level. The Special Rapporteur was told that more primary
schools for girls would be opened once the war effort was over.
24. On
three occasions, the Special Rapporteur asked officials of the Taliban Ministry
of Education whether secondary and tertiary education would be available for
girl children. On all three occasions,
the officials refused to answer the question.
At present, there are no schools offering secondary or tertiary education
for girl children. The only non-primary
education available is training for nurses. The Special Rapporteur was told that female
doctors were being trained. However,
without secondary education that would be a very difficult task.
25. The
Taliban’s lack of official commitment to educating girl children is a
violation of international law and Afghanistan’s commitments under the
International Covenant on Economic, Social and Cultural Rights, the Convention
on the Elimination of All Forms of Discrimination Against Women and the Convention
on the Rights of the Child. This serious
allegation was confirmed by the Special Rapporteur’s meeting with Taliban
officials. Unless these attitudes
and policies change, the Taliban controlled areas of Afghanistan will remain
in serious breach of Afghanistan’s international obligations.
C. Right to health
26. The
World Health Organization (WHO) has defined health as a “complete state
of physical, mental and social well-being”.
Statistics provided by United Nations organizations indicate that the
maternal mortality rate in Afghanistan may be one of the highest in the world.
When the Taliban authorities first came to power they banned female
health workers and said that if women were to be treated by a male physician,
a male relative must accompany them and only the affected part should be exposed.
These were edicts of the Ministry for the Propagation of Virtue and
the Suppression of Vice. In addition,
a ramshackle old hospital was designated as the only hospital for women. It did not have the necessary infrastructure
or sanitation. The international community
and the local population of women reacted to these edicts and some changes
have taken place. There are now women’s
wards in several hospitals, male physicians can treat women patients and female
health workers and nurses are being trained. It is claimed that female doctors are also
being trained but without secondary and tertiary education for girls, one
wonders how that is possible. Despite
these minor changes, women’s right to health is seriously affected. They are discriminated against in the services
provided - the women’s hospital the Special Rapporteur visited (Rabia
Balkhi Women’s Hospital, Kabul) did not have even the minimum infrastructure,
except for an X-ray machine; the limited health resources that do exist are
pumped into the male hospitals. Although
the hospital visited was clean and well run, the lack of facilities was extremely
apparent. In addition, water supply
and electricity supply were scant because of the location of the hospital.
27. Another
aspect of the right to health that seriously disturbed the Special Rapporteur
was the problem of mental health. Physicians
for Human Rights in their 1998 report The Taliban’s War on Women;
Health and Human Rights Crisis in Afghanistan claimed that 94 per cent
of the Afghan women they interviewed in Kabul were “depressed”. This finding was confirmed by women doctors
in Kabul, who felt that the figure may be even higher. The Taliban edicts that confine women to the
home, combined with the realities of war, have made living a difficult and
depressing survival for women. All
the women interviewed were convinced that there was some truth in the Physicians
for Human Rights finding. Although
this has to be investigated further, the high proportion of mental illness
among women in Kabul is of serious concern and should be addressed by the
authorities, as well as by the international community.
D. Right to Employment
28. Taliban
edicts ban women from working except in the health and social service sectors.
This edict has brought untold hardship to women in Afghanistan.
The war has created a large number of widows.
The inability of these widows to work has caused enormous social problems.
In 1999 the Taliban authorities issued an edict allowing needy widows
with no other means of support to seek employment.
The Special Rapporteur was told that women could work in the health
and social service sectors, but the opportunities in these sectors were extremely
limited. Growing destitution is evident among an increasing
proportion of urban families. Women
have taken to begging on the streets and during her stay in Kabul the Special
Rapporteur saw ample evidence of this. In addition, she was told that there had been a dramatic increase
in prostitution. Although that allegation
could not be verified, owing to the refusal of officials even to contemplate
the subject, women living in Kabul told the Special Rapporteur that they had
heard of many cases.
29. The
denial of education to women comes in a context where in Kabul before the
Taliban came to power women were gainfully employed. Women were doctors and engineers and equal partners in the civil
service; women professionals played an important part in every aspect of society.
The sudden prohibition on women working has made many of them extremely
bitter and depressed. There was a feeling among educated women that
they had been singled out for oppression by the Taliban and that the Taliban
were harshest in their treatment of educated women in Kabul. All the educated women whom the Special Rapporteur
met expressed extreme unhappiness at now being confined to the home.
They cannot work and even at home they cannot enjoy music or leisure.
There is just nothing to do except household chores. The Special Rapporteur is deeply concerned
about their future.
E. Freedom of Movement
30. The
most evident right that has been violated for women is freedom of movement.
Women are confined to the home. If
they leave the house, they must wear a burqa and they must be accompanied
by a male relative. They cannot loiter and should have a definite
location to go to. The religious police
ask all these questions if they choose to question a woman.
Women cannot take taxis except with a male relative and they cannot
go to hotels and other public places of entertainment.
Their personal life is deeply affected, as is their social life.
In other countries, solitary confinement is a serious punishment. In Afghanistan, women appear to be subject
to similar measures as a matter of course.
The high rates of depression indicate the health fall-out of these
policies. Non-compliance with these
edicts results in being lashed by the religious police with an instrument
that looks like a leather cricket bat. In
the rural areas, women seemed to flout all these edicts, since there the Taliban
writ is applied less effectively. Women
were working in the fields in shawls and not in burqas and the Special Rapporteur
saw many women walking about unaccompanied by male relatives. In Kabul, however, the edicts are more strictly enforced.
F. Freedom of Association
31. As
a result of their lack of freedom of movement, women are also denied freedom
of association. There are no social
activities for women, not even religious social activities. Women have no access to sports or leisure. They have no right to form political or community
groupings. There is, fundamentally,
no civil society in Afghanistan and women are denied civil or political rights. They cannot associate in large groups or engage
in group activities by themselves or with men. The resulting lack of communal solidarity is another reason why
women appear to suffer such high rates of mental health problems.
G. Rights of Minority women
32. The
Special Rapporteur heard many stories of discrimination against minority women,
including Hazara and Tajik inhabitants of Hazarajat and the Shomali area. Reliable reports were received that individuals
were targeted because of their ethnic group and suspected sympathy with the
opponents of the Taliban.
33. During
the fighting in the Shomali valley, women from ethnic minorities were
forcibly deported from the area. They were put into cars, jeeps and trucks
and made to leave their homes. The
Special Rapporteur met many of these women in the Russian Embassy compound
in Kabul, as well as many other women refugees in Peshawar and Quetta. Deportation violates international laws of
war and is considered to be both a war crime and a crime against humanity.
34. Reports
have been received of the abduction of Hazara girls from villages. Following their abduction, they are said to
be forced into marriages with men from Pashtun tribes. In 1998, women were reportedly abducted in
Mazar-i-Sharif for forced marriages. Some believed that this practice is officially
sanctioned; others were of the opinion that such violations were committed
by the “Non-Afghan Talibans” and were contrary to Taliban rules.
H. Trafficking and Prostitution
35. Allegations
of prostitution and trafficking were conveyed to the Special Rapporteur in
very hushed tones. It is an extremely
taboo subject. In Peshawar, the Rapporteur
was told that the camps had been raided a few times and women taken away for
prostitution. She was also told about
certain streets in Peshawar where prostitution and trafficking took place,
and was given information about Afghan women being trafficked to the Middle
East. In Kabul, she was also told that there had
been an increase in prostitution due to the destitution of widows and that
certain houses in Kabul were known for these activities. Since the issue was considered to be so taboo,
there was little frank discussion with officials. The humanitarian agencies either did not know
about such activities or said that they had heard allegations but had been
unable to confirm them. As a result,
the Special Rapporteur was unable to verify the nature and extent of these
activities.
I. Ministry for the Propagation of Virtue and
the Suppression of Vice
36. The
Ministry for the Propagation of Virtue and the Suppression of Vice, which
comes under the Ministry of Religious Affairs, is the single most important
ministry of the Taliban authorities affecting the lives of women. Though general policy on women flows from the
high command, this Department is responsible for many of the edicts that make
women’s lives in Afghanistan a misery. The Special Rapporteur is absolutely certain
that any future policy towards Afghanistan that is aimed at ensuring minimum
compliance with human rights must demand the dismantling of this institution.
37. Harsh
punishments are carried out under the sharia law for transgressing social
mores, including stoning for adultery. Afghans
told the Special Rapporteur that it was the first time in Afghan history that
women had been flogged in public, a practice which had always been
considered taboo owing to the great respect in which women have been held
in Afghan society.
38. The
Special Rapporteur received information concerning the arbitrary detention
of women in Taliban operated women’s prisons.
There are reportedly several prisons where hundreds of women are arbitrarily
detained in very poor conditions. In
Kandahar province, a women’s prison in Karez Bazaar is said to hold more
than 400 women. In Nezarat Khan prison
one women is detained who was allegedly arrested for speaking to a man in
the street. The Special Rapporteur
was unable to investigate the reports during her visit, however the allegations
merit further study in order to gain a comprehensive picture of the situation
of Afghan women.
J. The War and Islam
39. Whenever
the Special Rapporteur raised issues with regard to human rights in Afghanistan
with Taliban officials, she was given either one of two justifications. The first was the argument that the war must
be over before systematic planning of policy can begin. This was said in particular with regard to
primary education for girl children. The
second justification was that the Taliban edicts were Islam and that human
rights did not take into consideration Islamic thought and values. The Special Rapporteur is convinced after her
conversations with many Islamic scholars that the Taliban edicts are not Islam
but the Taliban’s version of Islam.
Not one other Islamic country has issued edicts such as those of the
Taliban relating to the education and health of women. This proves that Islam does not oppose the
rights of women. Many Islamic scholars
have shown how Islam actually enhances human rights and that edicts such as
those of the Taliban are not in the spirit of the Koran. The Special Rapporteur on human rights in Afghanistan,
who is a Muslim and who went on the joint mission with the Special Rapporteur
on violence against women, entered into a dialogue with the Taliban and argued
forcefully and convincingly that Islam has many schools and that human rights
are extremely compatible with a humanist view of Islam.
III. AFGHAN REFUGEES IN PAKISTAN
40. Afghans
constitute the largest refugee population in the world, with over 3 million
people scattered around the globe. The sheer numbers of Afghans who have sought refuge abroad - an
estimated 1.4 million in Iran and 1.2 million in Pakistan - as well as a large
internally displaced population which is continually on the move to avoid
the conflict, speaks volumes of the tragedy affecting Afghanistan. The combination of conflict and extreme repression
has forced families to abandon their homes. Afghanistan’s neighbours have shown varying
levels of support for refugees over the years.
It is alleged by some that their lack of neutrality has prevented them
from properly addressing the refugee crisis, which has resulted in the forced
repatriation of refugees as was seen earlier this year with mass forced repatriation
of refugees, from Iran.
41. Although
not a signatory to the 1951 Convention relating to the Status of Refugees
or the 1967 Protocol thereto, the Government of Pakistan accepted
all Afghans fleeing the Soviet invasion prima facie as refugees. This position was formalized in the Handbook
on Afghan Refugees Management issued by the Government of Pakistan in
1981. The Handbook explicitly states
that Afghan nationals are granted temporary asylum on humanitarian grounds,
as well as for reasons of cultural, ethnic and religious affinity between
the two countries. The asylum policy
in theory allows Afghan refugees free movement and access to gainful employment. However, the deterioration of the economy in
Pakistan and the rise in unemployment in recent years has created a hostile
environment for the Afghan refugee community.
There has been a crescendo of demands, mostly from the business sections
of the population for all Afghans to be repatriated.
42. Estimates
of the Afghan refugee population in Pakistan include only those residing in
refugee villages; unregistered Afghans living outside the refugee villages
are excluded from all Pakistan statistics.
This is deceptive as the majority of new arrivals are said to have
migrated to the cities. The refugees
in Quetta city and Peshawar are currently receiving almost no humanitarian,
health, education or income generation assistance. UNHCR should be given the necessary resources to document the new
arrivals and assist all refugees, regardless of whether they are in the refugee
villages or the cities. The majority
of new arrivals are Hazara and Tajik. The
ethnic minorities tend to migrate towards the cities rather than the refugee
villages, because the latter are mainly dominated by Pastun and Taliban influences.
At the time of the Special Rapporteur’s visit the weather was
turning colder and more refugee flows to Quetta city where expected from Bamiyan.
43. The
Guardians, an Afghan non-governmental organization established in 1993, and
an implementing partner in the Afghanistan PEACE initiative, had been providing
UNHCR with emergency assistance for refugee arrivals from Bamyan Hazarajat,
in Quetta city.
44. The
Special Rapporteur is concerned about the rise in violence against women among
the refugee population, including child abuse, prostitution and trafficking.
A local newspaper in Peshawar reported that two Afghan girls were being
sold by their parents to Arab men when they were arrested at the airport. Trafficking in women and girls is thought to be on the increase.
Further, prostitution of Afghan refugee women and children is also
growing, because of the lack of economic opportunities.
Such are the numbers of Afghan women involved in prostitution that
Afghan women are frequently harassed by Pakistanis calling them “prostitutes”.
45. The
case of N (aged 12) is an example of the current vulnerability of girl children
and the need for a safe house for survivors of violence. When N’s mother married a mujahadeen commander,
after her natural father’s death, N went to stay with her grandmother. She was approached by a beggar woman who took
her to Pakistan. N worked for her
for two months in prostitution, after which she was sold to a Punjabi man. She managed to escape, but is still in a vulnerable
position without a family to look after her. The local Afghan community who are sympathetic
to her situation are too afraid to take her into their homes for fear that
her involvement in prostitution will bring stigma and shame on their family.
Women’s organizations stressed to the Special Rapporteur the need
for a safe house for such cases. Human rights workers are under threat themselves
and feel that the United Nations should take responsibility for setting up
a shelter. 46. Domestic
violence, incest and honour killings are reportedly commonplace in the refugee
camps. As the situation has become
more tense with increased unemployment, the number of fatalities in domestic
disputes has increased.
47. Responsibility
for Afghan refugees in Pakistan is shared between the Government of Pakistan
and UNHCR, each region of Pakistan has a Regional Commissioner for Refugees
appointed by the Government. New arrivals
receive individual assistance, food and shelter; thereafter, the programme
is community based including education, health care and services.
Health care, education and water is provided by non-governmental implementing
partners who are required to report on women and child rights.
Akora Khattak refugee village, Peshawar,
North West Frontier Province
48. UNHCR
arranged for the Special Rapporteur to visit Akora Khattak refugee village,
in North West Frontier Province. The
refugee village was created in February 1997 and has a population of approximately
2,812 families, belonging to a mixture of ethnic groups. The refugees are from Parwan, Kabul, Mazar-i-Sharif
and other northern provinces. At the
time of her visit there were new arrivals from the Shomali valley.
Female and male animators (Afghan social workers) are chosen from the
refugee population to work with the District Co-ordinator to facilitate the
needs of the refugees in the camp.
49. The
Special Rapporteur noticed that the camp population were clearly afraid and
suspicious of some of the Pakistani authorities. They approached the Special Rapporteur and her assistants and said
they could not speak freely if Pakistani UNHCR officials and the Pakistani
camp security staff were present. The
Special Rapporteur recommends that UNHCR employ Afghan staff to work with
the refugees as social trainers and translators, so the camp population will
be able to approach them without concern for their security. 50. The
Special Rapporteur is very concerned that all refugees complained of a grave
shortage of food, which is the most basic of requirements. The foodstuffs which the refugees normally
receive (flour, oil and wheat) had not been delivered for a period of weeks.
New arrivals from the Shomali valley, however, were provided with daily
portions from the food kitchen of what appeared to be a wholesome mixture
of brown rice, lentils and spices. 51. The
Special Rapporteur found that the lack of employment for men and women, apart
from a few lucky ones, has led to economic desperation, drug addiction and
depression amongst the Afghan refugee community. On a positive note, a number
of educated women have found work in the camps as teachers and medical staff
and have benefited from being the main breadwinner in the family. In fact, the Special Rapporteur noted that
a small number of women seem to have empowered themselves and taken control
of their lives. 52. Doctors
at the Mothers and Children Clinic in the camp, informed the Special Rapporteur
that many of the patients they treated suffered from malnutrition, and TB
was rampant. The Special Rapporteur
was struck by the skin rashes and communicable diseases that seemed apparent
in the camp population. The medical
staff expressed the need for a 24-hour clinic with better facilities and a
greater selection of medicines. The
doctors wrote prescriptions, but the patients had to go to the bazaar to buy
the medicines as the clinic only stocked vitamins and pain‑killers. The doctors had requested medical supplies
from the donors who founded the clinic, but doubted that they would receive
the necessary supplies, because of donor fatigue.
The clinic lacked the necessary medical facilities and instruments. The Special Rapporteur was later informed by
UNHCR that an emergency 24-hour clinic was planned for September 1999. More resources are desperately needed for health
services. Given the numbers of new
arrivals in the cities, the introduction of mobile health units should be
considered in order to provide the most basic health care to all refugees. 53. The
Special Rapporteur was struck by the extremely poor choice of location for the refugee village, in terms of the distance
to the nearest settlement and, particularly, the infertile and arid land.
The Government of Pakistan had clearly chosen the least productive
and desirable land to accommodate the refugees.
Unfortunately, this has made the refugees completely dependent on humanitarian
aid, since they cannot grow their own vegetables or trade in a local town. 54. The
Saranan refugee village, established in 1989, is situated 106 km from Quetta
and accommodates 3,100 families. Violence
against women and girls is of growing concern in this refugee village.
The Special Rapporteur received information about the case of a 14‑year‑old
girl who was raped and went to the bazaar for an abortion.
Sexual abuse is said to be a particular problem in Surkhab, G.
Minera and Pir Alizi refugee villages. 55. According
to UNHCR statistics, there are 4 female
committees, 2 girls schools (up to grade 5), 2 mixed schools, 12 girls home
based schools, 7 non-formal education centres (adult literacy) and 4 groups
that guarantee lending (12 women in each) in the camp. 56. In
1995, UNHCR started a community development programme, which was partly financed
through a fee collection system. In
1997, a female committees pilot project commenced. Refugees receive training in agriculture and
community health work, including reproductive health. 57. Three
years ago home based schools were started in the refugee villages, providing
education for girls up to grade 5. The
Special Rapporteur’s assistant visited a home based school where 16 girls
were studying (grade 3) Pashto, Mathematics, drawing and the Koran for three hours, five days a week. Families who allow their girl children to go
to school receive 5 kg of edible oil every two months as an incentive. There is also a non-formal education centre
for adults. 58. The
group guarantee lending programme provides loans to women which they pay back
in four instalments. At the time of
the visit, 48 women were receiving loans in the Saranan village. The women use the loans to continue with their
particular trade, be it spinning wool, making carpets or working as tailors. 59. A
UNHCR human rights programme was scheduled to start at the end of October 1999,
initially for health staff and schoolteachers. In the second phase human rights training is
planned for home based school teachers and tribal leaders. 60. Rather
than living in the refugee camps which spread out into the desert along the
border with Afghanistan, the majority of new refugees arriving in Quetta remain
in the city, where the resident Hazara population tries to assist them to
survive. A group of new arrivals from
Bamyan testified that they had left their homes three months earlier and had
lived in the mountains for two and a half months before travelling to Quetta
when the weather started to deteriorate in the mountains. They had lost children along the way and the
children who had survived looked severely malnourished and in need of special
medical attention. The refugees testified
that they had left their homes and escaped into the mountains because of the
fighting. Survivors’ testimonies
consistently indicate that the Taliban burnt their houses, men were arrested
and killed, and women were taken away and their whereabouts remain unknown. 61. Humanitarian
aid agencies are providing primary education, but secondary and higher education
are desperately needed. The female
Afghan University in Peshawar was closed after being open only for a few months.
This is particularly disappointing as Pakistan does not have university
places for Afghans. Concern is growing about the consequences for
the future of Afghanistan of an uneducated generation, and about the lack
of intellectuals, doctors and other professionals. The educated Afghan elite in exile are attempting to provide an
education for the next generation. For
example, there is an Afghan run school for 600 girls (1-11 grades) in Quetta
city, funded by Oxfam (United Kingdom) and a Swiss donor. At the time of the Special Rapporteur’s
visit five university lecturers from Mazar and Kabul were planning to open
an Institute of Science; 35 boys and 6 girls had indicated their interest. Approximately US$ 500 per month was
required to get the initiative off the ground, as the lecturers were willing
to work without payment. The Special
Rapporteur would encourage international organizations to provide funds for
the recruitment of teachers, for the expansion of facilities to accommodate
more students and for the purchase of necessary school materials. 62. At
the fifth meeting of the Afghanistan Support Group, held on 21 and 22 June
1999 in Stockholm, UNHCR emphasized the difficulties it was encountering in
fulfilling its mandate in the light
of the prevailing security restrictions on international staff and the severe
funding shortfall it was facing for the largest refugee population in the
world. (In 1999, UNHCR Pakistan has
had to provide a minimum level of services for more than a million refugees
on an annual budget of US$ 7.8 million.)
Particular attention was drawn to the needs of returning refugees belonging
to minority groups, such as Tajiks, Uzbeks, Turkmens and Hazaras.
Initiatives to support innovative programmes addressing the needs of
women were welcomed. It was noted that providing support to returnee
and resident communities could contribute to confidence and peace-building
at the local level. The meeting noted
that while it was incumbent upon the Governments hosting refugees to ensure
their protection, the support of UNHCR to reinforce and monitor the protection
regime was of the utmost importance. 63. Although
the years of conflict have discouraged many refugees from returning to their
country, some are willing to return. UNHCR
initiated a group repatriation programme for Afghan refugees in Pakistan in
September 1997. In 1998, 18,000 returned,
and in 1999, 15,000. The group repatriation
programme had to be suspended at the end of 1998, for lack of funds.
UNHCR received a donation at the end of the summer of 1999; with the
winter approaching, however, it will not be possible to recommence repatriation
until the spring of 2000. 64. The
objective of the group repatriation programme is to implement better targeted
assistance projects inside Afghanistan which will ensure the refugees’
successful reintegration and sustained return.
A main component of this approach is to maintain the link between those
who have been repatriated and the rest of the community still residing in
Pakistan, the aim being that refugees who have stayed behind may be convinced
to repatriate. 65. Non-governmental
organizations have alleged that UNHCR is pushing repatriation, even over returnees’
security. The Special Rapporteur was
concerned, but unable to verify the allegation. Many refugees will not consider returning until their girl children
can go to school and the women can work. 66. UNHCR
have a “women at risk resettlement programme” aimed at providing
assistance to those at extreme risk. The
programme is specifically for women activists affiliated to political organizations
and opposed to Taliban policies who face serious threats to their lives, and
women who, owing to their particular profile, have been rejected by their
own refugee community, for example women heads of households. UNHCR told the Special Rapporteur that the initiative is proving
difficult to implement as suddenly everyone is claiming that they fit the
necessary criteria. 67. Non-governmental
organizations have criticized the interpretation of the criteria as being
too strict. Each woman must prove
why she is individually at risk. They
are concerned that vulnerability because of the combination of the Taliban’s
ethnic and gender persecution and economic vulnerability because of the lack
of professional and educational abilities for women are not viewed as adequate
risk factors. 68. Resettlement
countries have responded positively to the programme. However the often lengthy resettlement procedure needs to be adapted
to the urgent need for protection of the women at risk. IV. HUMAN RIGHTS DEFENDERS AND NON-GOVERNMENTAL ORGANIZATIONS
69. Human
rights defenders in Afghanistan and Pakistan continue to receive death threats
and to be subjected to harassment in relation to their work to raise awareness
about human rights and the plight of the Afghan people. The majority of Afghan non-governmental organizations
are now based in Pakistan as it gradually became impossible to work in Afghanistan
under the extremely repressive circumstances that appear to exist there.
70. In
Pakistan, human rights defenders reportedly do not receive protection from
the local authorities and are at risk because of their activities in support
of peace and human rights in Afghanistan.
The Taliban have allegedly been quoted as saying that their country’s
laws are applicable to Afghans irrespective of where they live. The Pakistani authorities do not seem to have
effective or adequate measures in place to protect Afghan human rights defenders,
nor do they investigate past attacks.
The Special Rapporteur recommends that the Government of Pakistan urgently
provide efficient and adequate protection and ensure that Afghans in Pakistan
do not become the target of death threats or assassination attempts. Furthermore, the Pakistani police are accused of regularly stopping
Afghan refugees for extortion purposes. 71. Non-governmental
organizations are concerned about what they call the “Talibanization”
of Pakistan. The participation of
young Pakistani boys in the Taliban effort and the setting up of ideologically
similar groups in Pakistan has raised concern about the effect of these changes
on the women of Pakistan. All the
women’s groups in Pakistan with which the Special Rapporteur met expressed
this concern. 72. As
the situation deteriorates, Afghan human rights defenders based in Pakistan
are leaving for Europe and the United States of America, because of direct
intimidation, pressure and the lack of options for their children. This brain drain has devastatingly weakened
civil society, making it increasingly difficult to monitor the human rights
situation adequately. Nevertheless,
a number of Afghan non-governmental organizations are still courageously
working to bring the Afghan people’s plight to the attention of the international
community. The Special Rapporteur met representatives of various Afghan non-governmental
organizations, all of whom were extremely dedicated to their work. The following are just some examples. 73. The
Cooperation Centre for Afghanistan (CCA) an Afghan non-governmental organization
based in Peshawar, monitors and documents the human rights situation from
several offices within Afghanistan and holds seminars on human rights issues,
including a course on “Women’s rights, gender awareness and Islam”.
The Special Rapporteur strongly supports the work of this organization
and calls on the international community to support it. 74. One
important initiative of the Afghan Women’s Network (AWN) is its collection
of cases of violence against women as refugees and war victims. It has published material in Dari and English
to let the world know about the reality of life for Afghan women and has documented
a host of common problems such as the lack of basic education, health care,
security, employment, skills, shelter, legal identity and legal access. 75. The
Revolutionary Afghan Women’s Association (RAWA), with an estimated 2,000
members in Afghanistan and Pakistan, advocates that women should play a full
role in the political life of Afghanistan and have the same access as men
to education and employment. RAWA
works on women’s rights issues and with survivors of violence. 76. The
Afghan Women’s Council (AWC) is a non-governmental organization which
works to secure the civil and social rights of women based on Islamic principles
and the culture and traditions of Afghanistan.
It publishes a monthly paper Zan-e-Afghan with the aim of mobilizing
Afghan women to seek peace and stability, and of uniting women to defend their
rights. 77. The
majority of the international organizations working in Afghanistan focus on
the provision of humanitarian assistance in the areas of rehabilitation, health,
education and agriculture. A number
of them, including the Swedish Committee for Afghanistan, are involved in
the provision of alternatives to formal education for girls. They are working in various regions and they
hold that certain local authorities are easier to work with than others, allowing
an opportunity for dialogue and negotiation in regard to permission and authorization.
According to their estimates, 20 per cent of the 136,000 students currently
receiving education are girls. V. UNITED NATIONS SYSTEM AND THE INTERNATIONAL
COMMUNITY 78. The
international community has been faced with many dilemmas in seeking to provide
assistance to the Afghan people in a difficult political and human rights
context. Its attempts to engage in
dialogue in the hope that policies that are consistent with international
norms can be negotiated have been further complicated by a movement which
contains some who are willing to negotiate and others who are defensive about
what they perceive to be the threat from the West to Afghanistan’s religious
tradition and, particularly, about the erosion and undermining of indigenous
culture. The international community
is faced with the problem of how to report on human rights abuses of greater
or lesser severity on the one hand and to negotiate access to the population
to meet humanitarian needs on the other.
The potential to reduce human rights abuses through negotiations relating
to programme concerns must be balanced with the possibility that through the
provision of resources and assistance the international community is potentially
condoning the abuses by providing assistance despite human rights concerns. 79. The
Special Rapporteur was appraised of the Strategic Framework for Afghanistan
to strengthen the effectiveness of the international presence by ensuring
that agencies providing assistance work together.
The Strategic Framework comprises a political strategy and arrangements
for Principled Common Programming designed to help ensure that the strategies
and approaches pursued do not contribute, however inadvertently or indirectly,
to the suffering of Afghans and maximize the protection and well-being of
endangered communities. The United Nations
gender focal point planned to capitalize on the existing common programming
structure to ensure a higher degree of responsiveness to gender related issues
in joint United Nations programming initiatives. 80. The
United Nations and its partners have adopted a dual approach in its work
in Afghanistan as part of the Strategic Framework process. With regard to humanitarian assistance, a non-confrontational
approach, although time consuming, is considered the best strategy.
With regard to other issues, the policy makers appeared to be divided.
One school of thought, favoured by many United Nations agencies
and the gender focal point is that the United Nations should enter into
a dialogue with the Taliban authorities and work towards incremental change
with minimum confrontation. Other
policy makers were of the belief that the United Nations would compromise
its principles if it were officially to tolerate the Taliban practices while
implementing projects. From a human
rights perspective, the Special Rapporteur is of the belief that certain Taliban
policies fundamentally compromise the human rights of women and that rights
based programming is necessary for the United Nations system to respond
effectively to human rights violations. Certain of her interlocutors expressed concern that confrontational
statements by foreign organizations would worsen their situation by angering
local authorities and producing stricter conditions. However, United Nations complicity in the violation
of the rights of Afghan women is also a serious matter. The Special Rapporteur is of the belief that
humanitarian assistance requires a different approach, that of constructive
engagement in human rights issues. The
hardships suffered by the Afghan people require this type of effort.
81. The
Special Rapporteur had an interesting discussion with UNICEF about how education
has become a problematic issue. When
the Taliban closed formal schools in Herat, UNICEF decided not to support
formal education until all children could be educated. However, it does support, with both material
and technical assistance, non-governmental organizations providing education
at the primary level for approximately 350,000 children in home based
schools. In response to the principled
position of the United Nations system on equality of access for males
and females to education, certain of the Special Rapporteur’s interlocutors
were of the opinion that Afghan education should start for whoever can receive
it, on the basis that it is better to educate only the boys rather than neither
the boys nor the girls: “if one
does not educate boys, as uneducated men they will be the worst enemies of
their sisters and mothers”. UNICEF
explained that it did not want to institutionalize a parallel system of more
complete formal education for boys and limited home based education for girls: it would provide equal education for boys and
girls or none at all. The Special
Rapporteur commends UNICEF for its principled stand on women’s rights
as an integral part of the United Nations efforts. 82. Human
rights programming was introduced at the beginning of 1999 with the aim of
integrating human rights into all assistance activities. It focuses attention on the structural inequalities
that contribute to poverty, social exclusion and marginalization. The United Nations approach to human rights
in Afghanistan is to address immediate life‑saving and life‑sustaining
needs while simultaneously pursuing measures focused on strategic long‑term
objectives, namely bringing about conditions essential for the enjoyment and
protection of human rights.
83. At
the fifth meeting of the Afghanistan Support Group, held on 21 and 22 June
1999 in Stockholm, the participants expressed the view that the needs of the
Afghan people justified a sustained commitment to humanitarian assistance,
including assistance in addressing the human rights deficit of children and
women, in particular female-headed households.
The meeting addressed the human rights based programming which aims
to advance human rights through assistance activities. The participants welcomed the many examples of constructive local‑level
cooperation and commitment, and emphasized the opportunities for constructive
engagement at the community level.
84. In
this connection, the Special Rapporteur was appraised of a successful initiative
undertaken by the United Nations Centre for Human Settlements (Habitat),
namely, the Community Forum project which was started in 1995. The community forums are sustainable multi‑functional
programmes that provide economic, educational and social benefits to women
and men. The profit-sharing processes
cover its operating costs and provides services and employment opportunities
for women in the communities. The
community forums develop self‑reliance and self-help capabilities. The Special Rapporteur encourages donors to
consider funding such projects, as it seems to be the most direct way of ensuring
capacity‑building and sustainability.
85. The
Special Rapporteur encourages all United Nations agencies to recruit
more female international staff to ensure interaction with both Afghan women
and men, as male international staff can only meet with male members of the
Afghan community and women’s participation is thus excluded. The current United Nations ban on nationals of the United Kingdom
and of the United States working in Afghanistan has prevented many well-qualified
women from travelling to the country. The Special Rapporteur recommends that the
United Nations consider lifting the ban on United Nations staff
of United Kingdom or United States nationality as soon as the security situation
permits.
86. Lastly,
“donor fatigue” is creating major difficulties for all United Nations
agencies trying to operate in Pakistan and Afghanistan with diminishing funds. Ten years ago considerable funds were
received for projects in Afghanistan. In
the past two or three years there has been a drop‑off in donations.
The Afghan conflict has become less of a priority, in the light of
more recent conflicts, such as that in Kosovo.
However, the increased humanitarian needs arising from the intensification
of the Afghan conflict, particularly in the second half of 1999, have confirmed
the importance of the United Nations agencies and the assistance community
providing a minimum safety net for the most vulnerable.
VI. RECOMMENDATIONS
87. The
Taliban administration should not be given international recognition unless
and until it is ready to meet its international obligations with regard to
the rights of women. The gross and
systematic violation of the rights of women demands firm and consistent international
action based on humanitarian intervention. International action should be considered that
would compel the Taliban Government to respect a minimum core of women’s
human rights. 88. The
international community must halt the flow of arms into Afghanistan in order
to prevent the relentless fighting in the country. The United Nations should impose strict and serious sanctions
on countries which continue to support the Taliban and their rivals with arms
and money. An international arms embargo
should be strictly enforced. 89. Humanitarian
aid to all parts of Afghanistan and to the refugees in Pakistan should be
increased. The humanitarian crisis
in Afghanistan makes the Afghan population one of the most vulnerable in the
world. It is important that there
be a sustained effort to assist the refugees, the majority of whom are women
and children. Such assistance should
include: the provision of shelter
for women victims of violence, increased food supply, better medical services
and health care for all refugees and the provision of primary, secondary and
tertiary schooling for all Afghan children.
The aid community should take all possible measures to meet what is
without doubt one of the world’s greatest humanitarian disasters.
90. The
provision of non-humanitarian aid to the Taliban controlled areas should cease
unless the aid can be delivered without discriminating against women. International standards with regard to the
rights of women cannot be compromised for policies of “constructive engagement”.
Aid agencies must be absolutely convinced that their actions are not
consolidating or worsening discrimination against women.
91. The
Taliban authorities in Afghanistan and the Rabbani government in Afghanistan
should abide by all instruments of international human rights law, including
the Convention on the Elimination of All Forms of Discrimination against Women
and the Geneva Conventions with regard to the conduct of warfare.
92. All
Afghan parties, and in particular the Taliban, should bring to an end without
delay all violations of the human rights of women and girls and take urgent
measures to ensure: the repeal of
all legislative and other measures which discriminate against women; the effective
participation of women in civil, cultural, economic, political and social
life throughout the country; respect for the right of women to work, and the
reintegration of women in their employment; respect for the right of women
and girls to education without discrimination; the reopening of schools and
the admission of women and girls to all levels of education; respect for women’s
right to security of person and that those responsible for physical attacks
on women are brought to justice; freedom of movement for women; and their
effective and equal access to facilities necessary to protect their right
to the highest attainable standard of physical and mental health.
93. Peace
and security must be returned to Afghanistan.
If the general situation does not improve, the Afghan people will not
be able to break away from the pattern of human rights violations which has
plagued the territory for decades. All
parties must pursue the basic goal of ending the military conflict and establish,
through peaceful political negotiations, a broad‑based, multi‑ethnic
and fully representative government which would respect internationally recognized
human rights and abandon all policies which are inconsistent with the international
human rights instruments to which Afghanistan is a party.
94. Women
must be involved in the political and peace process. It is imperative that emerging attitudes within the Afghan community
that demand education and health care (especially in the case of returnees
from Iran, Pakistan and Europe) are built upon. Afghan women should be empowered to help themselves.
Through the provision of training to improve their capacities, they
should be assisted to articulate their needs in an international setting,
to structure their organizations, and to develop leadership skills and technical
knowledge.
95. The
Special Rapporteur urges all United Nations agencies working in Afghanistan
and Pakistan to initiate and fund programmes targeted at the psychological
and social rehabilitation of women.
96. The
United Nations and other international organizations should employ more
female international staff, in order to have access to both Afghan men and
women.
97. International
organizations should also employ educated Afghan women for their projects,
where possible.
98. The
United Nations should lift its travel ban on nationals of the United Kingdom
and the United States as soon as the security situation permits.
The agreement of the Governments of the United Kingdom and the
United States should not be a prerequisite for lifting the ban.
When individuals join the United Nations they must be recognized
as international civil servants and not as nationals of particular countries.
Annex
SELECTIVE LIST
OF PERSONS/ORGANIZATIONS WITH WHOM THE
SPECIAL RAPPORTEUR
MET DURING HER MISSION
PAKISTAN
Minister for Foreign Affairs
Regional Commissioner for Afghan Refugees,
North West Frontier Province
Taliban Ambassador, Islamabad
United Nations Coordinator for Afghanistan
Office of the United Nations High Commissioner
for Human Rights
Office of the United Nations Coordinator
for Afghanistan
United Nations Special Mission to Afghanistan
(UNSMA)
United Nations Children’s Fund (UNICEF)
United Nations Centre for Human Settlements
(Habitat)
Office of the Coordinator of Humanitarian
Assistance to Afghanistan
United Nations Development Programme
United Nations Population Fund (UNFPA)
World Food Programme (WFP)
Agency Coordinating Body for Afghan Relief
(ACBAR)
Swedish Committee for Afghanistan (SCA)
Oxfam
Afghan Women’s Network
Afghan Women Council
Comprehensive Disabled Afghan’s Program
CARE Revolutionary Afghan Women’s Association
(RAWA)
Save the Children Fund US
Save the Children Fund UK
GAA
Shuhada Organization
Mercy Corps International
Guardians
Cooperation Centre for Afghanistan (CCA)
Women’s Action Forum, Human Rights
Commission of Pakistan
AFGHANISTAN
In Faizabad
Acting Governor of Badakhshan province
The representative of President Rabbini
In Kabul
Deputy Minister of Justice
Deputy Minister of Health
Deputy Minister for Education
Head of International Organization Department
of the Ministry for Foreign Affairs
Office for the Coordination of Humanitarian
Affairs (OCHA)
International Committee of the Red Cross
World Food Programme
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