:Human rights in Afghanistan
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{{Politics of Afghanistan|expanded=Constitution}}Human rights in Afghanistan under the Taliban regime are severely restricted and considered among the worst in the world. According to a 2024 report by Freedom House, Political Freedom is rated a 1 out of 40 with Civil Liberties at 5 out of 60, with the overall score of 6 out of 100 due to various factors including but not limited to: women's rights, LGBTQ+ rights, ethnic minority rights, torture, and freedom of speech.{{Cite web |title=Human rights in Afghanistan |url=https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/afghanistan/report-afghanistan/ |access-date=2024-11-03 |website=Amnesty International |language=en}}{{Cite web |title=Afghanistan: Freedom in the World 2024 Country Report |url=https://freedomhouse.org/country/afghanistan/freedom-world/2024 |access-date=2024-11-03 |website=Freedom House |language=en}} Women's rights and freedom are severely restricted, as they are banned from most public spaces and employment. Afghanistan is the only country in the world to ban education for women over the age of eleven. The Taliban's policies towards women are categorized as a gender apartheid.{{Cite news |last=Kelly |first=Annie |date=2024-10-09 |title=Afghan women fight to hold Taliban to account over gender apartheid |url=https://www.theguardian.com/global-development/2024/oct/09/afghan-women-exile-taliban-justice-gender-apartheid-crime-against-humanity |access-date=2024-11-20 |work=The Guardian |language=en-GB |issn=0261-3077}}{{Cite web |title=How the Taliban’s Rule Is Fueling the Movement to End Gender Apartheid {{!}} Council on Foreign Relations |url=https://www.cfr.org/in-brief/how-talibans-rule-fueling-movement-end-gender-apartheid |access-date=2024-11-20 |website=www.cfr.org |language=en}} Minority groups such as Hazaras, Uzbek, Turkmen, and Tajik face persecution and eviction from their lands.{{Cite web |title=Human rights in Afghanistan |url=https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/afghanistan/report-afghanistan/ |access-date=2025-04-10 |website=Amnesty International |language=en}} Authorities have used physical violence, raids, arbitrary arrests and detention, torture, enforced disappearances of activists and political opponents.{{cite web |title=One year of the Taliban's broken promises, draconian restrictions and violence |url=https://www.amnesty.org/en/latest/news/2022/08/afghanistan-one-year-of-the-talibans-broken-promises-draconian-restrictions-and-violence/ |website=Amnesty International |archive-url=https://web.archive.org/web/20230204161214/https://www.amnesty.org/en/latest/news/2022/08/afghanistan-one-year-of-the-talibans-broken-promises-draconian-restrictions-and-violence/ |archive-date=4 Feb 2023 |language=en |date=15 August 2022 |url-status=live}}{{cite web |last1=Fetrat |first1=Sahar |title=One Year On, the Taliban Still Attacking Girls' Right to Education |url=https://www.hrw.org/news/2023/03/24/one-year-taliban-still-attacking-girls-right-education |website=Human Rights Watch |access-date=29 November 2023 |archive-url=https://web.archive.org/web/20230325030259/https://www.hrw.org/news/2023/03/24/one-year-taliban-still-attacking-girls-right-education |archive-date=25 March 2023 |language=en |url-status=live}}{{cite news |last1=Kumar |first1=Ruchi |title=Taliban could be convinced to open girls' schools, says Afghanistan ex-education minister |url=https://www.theguardian.com/global-development/2023/nov/29/taliban-could-be-convinced-to-open-girls-schools-says-afghanistan-ex-education-minister |access-date=29 November 2023 |work=The Guardian |date=29 November 2023 |archive-url=https://web.archive.org/web/20231129070421/https://www.theguardian.com/global-development/2023/nov/29/taliban-could-be-convinced-to-open-girls-schools-says-afghanistan-ex-education-minister |archive-date=29 November 2023 |language=en}}{{cite web |title=Afghanistan: Taliban Forcibly Evict Minority Shia |url=https://www.hrw.org/news/2021/10/22/afghanistan-taliban-forcibly-evict-minority-shia |website=Human Rights Watch |access-date=29 November 2023 |archive-url=https://web.archive.org/web/20211022034417/https://www.hrw.org/news/2021/10/22/afghanistan-taliban-forcibly-evict-minority-shia |archive-date=22 October 2021 |location=New York |language=en |date=22 October 2021 |url-status=live}}{{Cite web |date=2024-08-16 |title=Joint Statement: Marking 3 Years of Taliban Oppression {{!}} Human Rights Watch |url=https://www.hrw.org/news/2024/08/16/joint-statement-marking-3-years-taliban-oppression |access-date=2024-10-25 |language=en}} The media is tightly controlled with almost no freedom, with intrusive and strict monitoring in play.
History
Under the monarchy of Zahir Shah, human rights were usually respected.{{Cite news|title=Last King of Afghanistan Dies|newspaper=The Washington Post|url=https://www.washingtonpost.com/wp-dyn/content/article/2007/07/23/AR2007072300138.html|access-date=2020-10-20}} As of 1949, the Afghan Prime Minister Shah Mahmud Khan, increased press freedom, but these moves were soon reversed. The Press Law which was implemented in July 1965, gave considerable freedom to the press for the first time.{{Cite book|url=https://books.google.com/books?id=nvO-DAAAQBAJ&q=afghanistan+japan+germany+partition&pg=PA58|title=Afghanistan under Soviet Domination, 1964–91|last=Hyman|first=Anthony|date=2016-07-27|publisher=Springer|isbn=9781349219483|language=en}} While the press was mostly free, in some cases the King closed down media from dissidents that were considered threatening. The communist Khalq republic that governed Afghanistan after the Saur Revolution in 1978 was brutal, vigorously suppressing opposition. The government abducted and executed thousands of prisoners, rural civilian dissidents.Derailing Democracy in Afghanistan: Elections in an Unstable Political Landscape by Noah Coburn, Anna Larson.
In April 1987, Afghanistan ratified the United Nations Convention against Torture (CAT), which prevents the state from inflicting torture on any individual. New leader Babrak Karmal promised to end the Khalq's brutality, which it partly did, but human rights abuses still continued. The government along with the Soviets (during the Soviet–Afghan War) intentionally targeted civilian settlements in rural areas. Under President Mohammad Najibullah's reforms, freedom of expression was further improved but human rights overall remained restricted.{{Cite web|url=https://www.hrw.org/reports/1992/WR92/ASW-01.htm|title=ASW|website=www.hrw.org|access-date=2019-06-19}}
In the 1990s, many atrocities were committed by various militias against civilians. Indiscriminate rocket attacks during the Battle of Kabul, especially those by Gulbuddin Hekmatyar's militia, killed thousands of civilians. The Taliban, in power from 1996, imposed strong restrictions on women, performed public executions, and prevented international aid from entering the country for starving civilians.{{Cite web|url=https://www.hrw.org/report/2005/07/06/blood-stained-hands/past-atrocities-kabul-and-afghanistans-legacy-impunity|title=Blood-Stained Hands {{!}} Past Atrocities in Kabul and Afghanistan's Legacy of Impunity|date=2005-07-06|website=Human Rights Watch|language=en|access-date=2019-06-19}}
The presidential government of the Islamic Republic of Afghanistan, which previously ruled Afghanistan, from 2004 until the Taliban overthrew it in 2021, had a strong human rights framework in its constitution. A bill of rights was enshrined in chapter two of the 2004 Constitution of Afghanistan. The right to life and liberty were constitutionally protected, as were the right to a fair trial and the presumption of innocence for all persons. That gave the Islamic Republic a strong human rights framework that was guaranteed to all citizens.
Contemporary Human Rights Issues
File:Afghans at Ghazi Stadium in 2011.jpg fans inside the Ghazi Stadium in the capital of Kabul, which is multi-ethnic and the largest city of Afghanistan.]]
The Bonn Agreement of 2001 established the Afghan Independent Human Rights Commission (AIHRC) as a national human rights institution to protect and promote human rights and to investigate human rights abuses and war crimes. The Afghanistan Constitution of 2004 entrenched the existence of the AIHRC. While the ongoing turmoil, violence and reconstruction efforts often make it difficult to get an accurate sense of what is going on, various reports from NGOs have accused various branches of the Afghan government of engaging in human rights violations.{{cite news| url=http://news.bbc.co.uk/2/hi/south_asia/4182952.stm | work=BBC News | title=Afghan abuse sentence 'lenient' | date=25 August 2005}}
There have also been various human rights abuses by American soldiers on Afghan civilians, most notably in the Baghram prisons where innocent civilians endured torture, humiliating conditions, and inhumane treatment. The United States was heavily criticized for lenient sentencing for the soldiers responsible. Former Afghan warlords and political strongmen supported by the US during the ousting of the Taliban were responsible for numerous human rights violations in 2003 including kidnapping, rape, robbery, and extortion.[https://www.hrw.org/press/2003/07/afghan072903.htm Afghanistan: Warlords Implicated in New Abuses] 29 July 2003
Some members of the Afghan National Security Forces were involved in killing civilians in ground operations as well as in air strikes.{{cite news|url=https://www.theguardian.com/world/2015/mar/03/afghanistan-allies-sanctioned-torture-murder-report-human-rights-watch|title=Afghanistan officials sanctioned murder, torture and rape, says report|access-date=3 March 2015|work=The Guardian}}{{cite news|url=https://www.militarytimes.com/news/your-military/2017/02/08/is-the-afghan-air-force-trigger-happy-here-s-what-the-numbers-say/|title=Is the Afghan air force trigger happy? Here's what the numbers say|access-date=8 February 2017|publisher=Military Times}}{{cite news|url=https://www.reuters.com/article/us-afghanistan-attacks/afghan-forces-kill-civilians-in-ground-raid-and-air-strike-idUSKBN1K310I|title=Afghan forces 'kill civilians' in ground raid and air strike|access-date=13 July 2018|publisher=Reuters}}{{cite news|url=https://www.pajhwok.com/en/2018/09/25/khogyani-elders-claim-160-civilians-killed-night-riads|title=Khogyani elders claim 160 civilians killed in night riads|access-date=26 September 2018|publisher=Pajhwok}}{{cite news|url=https://www.pajhwok.com/en/2018/09/28/social-activists-residents-seek-halt-airstrikes-targeting-civilians|title=Social activists, residents seek halt to airstrikes targeting civilians|access-date=28 September 2018|publisher=Pajhwok}}{{cite news|url=https://www.pajhwok.com/en/2018/10/02/civilian-casualties-blamed-security-operations|title=Civilian casualties blamed on security operations|access-date=2 October 2018|publisher=Pajhwok}}
= Torture agreement =
In March 2002, ABC News claimed top officials at the CIA authorized controversial, harsh interrogation techniques.{{cite web|url=https://abcnews.go.com/WNT/Investigation/story?id=1322866|title=ABC News: CIA's Harsh Interrogation Techniques Described|website=ABC News}} The possible interrogation techniques included shaking and slapping, shackling prisoners in a standing position, keeping the prisoner in a cold cell and dousing them with water, and water boarding. A United Nations study in 2011 reported on interviews with 379 detainees. It found those held by police or intelligence services were subjected to beatings, removal of toenails and electric shocks.{{cite news | url=https://www.theguardian.com/world/2011/oct/10/afghanistan-torture | title=Afghanistan officials 'systematically tortured' detainees, says UN report |work=The Guardian | location=Kabul | date=10 October 2011 | access-date=10 October 2011 | author=Kelly, Jeremy | quote=Interviews with 379 people held by police or intelligence services describe beatings, removing toenails and electric shocks}}
= Elections during combat =
{{Further|Elections in Afghanistan}}
Several elections have been held in Afghanistan since 2001. The most recent election was held on 18 September 2010, for the National Assembly with a reported 2,499 candidates competing for 250 seats. During the elections[http://afghanistan-journal.com/blog/2010/09/afghan-election-reveals-demons-heroes/ Afghan Journal: Heroes & Demons] {{Webarchive|url=https://web.archive.org/web/20120620151410/http://afghanistan-journal.com/blog/2010/09/afghan-election-reveals-demons-heroes/ |date=2012-06-20 }} September 2010 the Taliban attacked many of those involved, killing 11 civilians and 3 Afghan National Policemen in over 300 attacks on the polls.[http://waronterrornews.typepad.com/home/2010/09/enemy-elects-explosives.html Afghanistan: Taliban Elect Explosives] 18 September 2010 The low death toll at the hands of the Taliban can be attributed to stepped up operations specifically targeting the leaders of insurgents planning attacks in the days leading up to the elections,{{cite web|url=http://waronterrornews.typepad.com/home/2010/09/18-afghanistan-news.html |title=War In Afghanistan News|publisher=Waronterrornews.typepad.com |date=18 September 2010 |access-date=3 August 2011}}{{cite web|url=http://waronterrornews.typepad.com/home/2010/09/17-afghanistan-news.html |title=War In Afghanistan News 17 September 2010 |publisher=Waronterrornews.typepad.com |date=17 September 2010 |access-date=3 August 2011}} which captured hundreds of insurgents and explosives. Turnout at the election was 40%.
Justice system
{{Further|Supreme Court of Afghanistan}}
Afghanistan has two dominant justice systems: the formal state system and the informal traditional system.{{Cite news|url=https://asiafoundation.org/2009/02/04/afghanistans-justice-system/|title=Afghanistan's Justice System - The Asia Foundation|date=2009-02-04|work=The Asia Foundation|access-date=2018-02-17|language=en-US}} Despite the existence of ordinary judicial system e.g. Supreme Court, National Security Court (dealing with terrorism-related cases), first and second instance courts, "jirga" and "shura"-traditional institutions are operating.{{Citation needed|date=April 2025}}
Under the Taliban regime in Afghanistan, the justice system has been marked by strict interpretations of Islamic law. In April 2025, Taliban leader Hibatullah Akhundzada defended executions, stating they were an integral part of Islam. This statement followed the execution of four men convicted of murder, which took place in sports stadiums; the largest such mass execution since the Taliban regained power in 2021. The Supreme Court of Afghanistan upheld the death sentence after victims' families refused to grant amnesty. The executions were widely condemned by human rights organizations and the United Nations. Akhundzada emphasized the importance of implementing all divine commands and rejected Western legal frameworks, reinforcing the Taliban's focus on enforcing Islamic law.{{Cite web |date=2025-04-13 |title=The Taliban leader says executions are part of Islam |url=https://apnews.com/article/afghanistan-taliban-leader-execution-human-rights-39a39a979ae226f2c1bbcf8e51dddbb8 |access-date=2025-04-16 |website=AP News |language=en}}
Law and order
{{main|Law of Afghanistan}}
Some members of Afghanistan's National Directorate of Security (NDS) have been accused of running their own prisons, torturing suspects, and harassing journalists. They have also been accused of deliberately killing civilians during government raids.{{cite news|url=https://www.pajhwok.com/en/2018/10/24/14-civilians-killed-special-forces-raid-nangarhar|title=14 civilians killed in special forces raid in Nangarhar|access-date=26 October 2018|publisher=Pajhwok}}{{cite news|url=https://www.pajhwok.com/en/2018/07/26/nds-forces-beaten-journalists-smashed-their-cameras|title=NDS forces beaten up journalists, smashed their cameras|access-date=26 July 2018|publisher=Pajhwok}}{{cite news|url=https://www.washingtonpost.com/world/asia_pacific/us-had-advance-warning-of-abuse-at-afghan-prisons-officials-say/2011/10/21/gIQA7Dg2VM_story.html|title=U.S. had advance warning of abuse at Afghan prisons, officials say|access-date=30 October 2011|publisher=The Washington Times}}
The security forces of local militias, which also have their own prisons, have been accused of torture and arbitrary killings. Warlords in the north have used property destruction, rape, and murder to discourage displaced Pashtuns from reclaiming their homes. Child labor and human trafficking remain common outside Kabul. Civilians have been killed frequently in battles between warlord forces. Poor conditions in overcrowded prisons have contributed to illness and death among prisoners. To stop it, a prison rehabilitation program had begun in 2003.
In the absence of an effective national judicial system, the right to judicial protection has been compromised as uneven local standards have prevailed in criminal trials. Fair trial principles are enshrined in the Afghan constitution and the criminal procedure but frequently violated for various reasons, including the lack of well-educated, professional staff (especially defence lawyers), lack of material resources, corruption and unlawful interference by warlords and politicians.See Tilmann J. Röder, 'Human Rights Standards in Afghan Courtrooms: The Theory and Reality of the Right to a Fair Trial', in: 'Islam and Human Rights', ed. by H. Elliesie, Peter Lang Verlag (Frankfurt am Main) 2010. Several thousands of people in Afghanistan have been victims of enforced disappearance over the past four decades."[https://www.hrw.org/news/2017/08/29/agony-afghanistans-enforced-disappearances Agony of Afghanistan's Enforced Disappearances]"
On 27 June 2020, two human rights defenders associated with Afghanistan Independent Human Rights Commission (AIHRC) were killed in a bomb attack. They died after an explosive device attached to their vehicle detonated. The attack came less than a week after two prosecutors and three other employees from the attorney general's office were shot dead by gunmen in Kabul.{{cite web|url=https://www.theguardian.com/world/2020/jun/27/roadside-bomb-kills-two-human-rights-workers-in-kabul|title=Bomb attack kills two human rights workers in Kabul|access-date=27 June 2020|website=The Guardian|date=27 June 2020 }}
On August 14, 2020, the United Nations experts demanded the Afghanistan government take an early decisive action to prevent the killing of human rights defenders. Nine human rights defenders have been killed since the start of 2020. The number has already surpassed 2019's figure.{{cite web|url=https://news.un.org/en/story/2020/08/1070232|title=Afghanistan: More action needed to stop killings of human rights defenders|access-date=14 August 2020|website=UN News|date=14 August 2020 }}
Since 2021, when the Taliban established the Islamic Emirate of Afghanistan, 100 former government officials and affiliates have been killed.{{Cite web |date=2021-11-30 |title=Afghanistan: Taliban Kill, 'Disappear' Ex-Officials |url=https://www.hrw.org/news/2021/11/30/afghanistan-taliban-kill-disappear-ex-officials |access-date=2022-05-14 |website=Human Rights Watch |language=en}} Human rights activists, civil rights activists and media workers are under "constant attack" (threats and intimidation) under this new government.{{Cite news |agency=Associated Press |date=2022-01-31 |title=U.N. says over 100 ex-Afghan officials have been slain since the Taliban's takeover |language=en |work=NPR |url=https://www.npr.org/2022/01/31/1077003325/united-nations-afghanistan-taliban-takeover-extrajudicial-killings |access-date=2022-05-13}}
Freedom of speech and the media
{{Further|Mass media in Afghanistan}}
Article 34 of the Afghan Constitution allows freedom of speech and press, though there are restrictions on media that may invoke Islamic law or be offensive to other sects. However, there has been harassment and threats targeting journalists and legal experts, especially outside Kabul. Freedom of the press was guaranteed by interim President Hamid Karzai in February 2002.{{Cite news|url=http://news.bbc.co.uk/2/hi/south_asia/1810983.stm|title=Afghanistan gets new press law|date=2002-02-09|access-date=2019-06-19|language=en-GB}} The 2004 Media Law was signed by Karzai in 2005.{{Cite web|url=https://www.rferl.org/a/1074472.html|title=Afghanistan: Mass Media Law Comes Under Scrutiny|website=RadioFreeEurope/RadioLiberty|language=en|access-date=2019-06-19}} In 2008, documentary filmmaker Nasir Fayaz was arrested for criticising politicians from the President's cabinet on his weekly show on Ariana TV. The arrest caused an outcry from journalists and it violated Article 34 which reads "Freedom of expression shall be inviolable".{{Cite web|url=http://edition.cnn.com/2008/WORLD/asiapcf/07/30/afghan.arrest/index.html|title=Afghans urge probe into TV host's arrest - CNN.com|website=CNN|access-date=2019-06-19}}{{Cite web|url=https://www.kabulpress.tv/article2034.html|title=Mohammad Nasir Fayyaz, Ariana TV Journalist Detained by Afghan Intelligence Service|website=Kabul Press کابل پرس|language=en|access-date=2019-06-19|archive-date=2019-11-28|archive-url=https://web.archive.org/web/20191128203723/https://www.kabulpress.tv/article2034.html|url-status=dead}} Afghanistan ranks 122nd in the 2020 dropping by 2 points from 120th rank in 2017 according to Press Freedom Index. But still, it stands in a better position than all its neighbors.{{Cite web|url=https://rsf.org/en/ranking|title=2019 World Press Freedom Index {{!}} Reporters Without Borders|website=RSF|language=en|access-date=2019-06-19}}
Journalists in Afghanistan face threats from both the security forces and insurgents. Journalists are threatened, assaulted and killed by Afghan officials, warlords and insurgents to stop them from reporting. Furthermore, Human Right Watch report claims that many Afghan journalists self-censor by steering clear of reporting on sensitive issues.{{cite news|url=https://www.theguardian.com/media/greenslade/2015/jan/21/afghani-journalists-face-increasing-attacks-and-threats-report|title=Afghan journalists 'face increasing attacks and threats' - report|access-date=21 January 2015|work=The Guardian}} Afghan Journalists Safety Committee (AJSC) in 2017 claim that Afghan government accounted for 46% of the attacks on Afghans journalist. While insurgents were responsible for the rest of the attacks.{{cite news|url=https://www.rferl.org/a/afghanistan-violence-journalists-2017-deaths/28637286.html|title=Violence Against Journalists Surges In Afghanistan In 2017|access-date=25 July 2017|publisher=RFERL}}
Religious freedom
{{Main|Religious freedom in Afghanistan}}
No registration of religious groups is required; minority religious groups are able to freely practice their religions but they are not allowed to proselytize them. Islam is the official religion; all laws must be compatible with Islamic morality, and the President and Vice President must both be Muslims. Officially, Apostasy remains punishable by death, per the Constitution of Afghanistan. In 2006, Abdul Rahman, an Afghan Muslim who had been arrested for converting to Christianity, was granted presidential permission to leave the country, and he moved to Italy, where he was granted asylum. In 2014, an Afghan Muslim who had renounced Islam and had become an atheist was granted asylum in the United Kingdom, on the grounds that he could face death if he returned to his country of origin.[https://www.bbc.co.uk/news/uk-25715736 "Atheist Afghan granted religious asylum in UK"], BBC, 14 January 2014 In 2022, Freedom House rated Afghanistan's religious freedom as 1 out of 4.[https://www.freedomhouse.org/country/afghanistan/freedom-world/2022 Freedom House, Retrieved 2023-04-25]
Women's rights
{{main|Women in Afghanistan}}
File:Women of Afghanistan.jpg]]
The 2004 Constitution of Afghanistan promised equal rights for men and women, including women being permitted to work outside the home, to engage in political activity, and a requirement for each political party to nominate a certain number of female candidates.
During the first period of Taliban rule, women had virtually all their rights taken away. Matters ranging from wearing nail polish to job opportunities were severely restricted. By keeping women indoors, the Taliban claimed to be keeping them safe from harm.
In late March 2009, Afghan President Hamid Karzai signed into law an internationally condemned "Shia Family Law" which condones apparent spousal rape (in Article 132), child marriage and imposes purdah on married Afghan women. Although the offending legislation is said to have been dormant for a year, President Karzai was trying to gain the support of Afghan northern Shia legislators and the neighbouring Islamic Republic of Iran, which is Shia-dominated. According to Britain's Independent newspaper, the 'family code' was not read in the Upper House/Senate, and also enshrines gender discrimination in inheritance law and divorce against women.{{Cite web |date=2009-03-30 |title=Afghan leader accused of bid to 'legalise rape' |url=https://www.independent.co.uk/news/world/asia/afghan-leader-accused-of-bid-to-legalise-rape-1658049.html |access-date=2022-04-22 |website=The Independent |language=en}}
Despite various promises from the government to implement United Nations Security Council Resolution 1325, the law could not be implemented. The Kabul peace talks that took place in June 2017, included only two women among 47 government and international representatives.{{cite web |url=https://www.hrw.org/world-report/2018/country-chapters/afghanistan|title=World Report: Afghanistan Events of 2017|publisher=Human Rights Watch|date=18 January 2018 |access-date=31 January 2025 |location=New York, N.Y. United States}}
On 18 September 2020, President Ashraf Ghani signed a new law to include mothers' names on their children's birth certificates and identification cards. Afghan women's rights activists had been campaigning on social media for several years to include the name of both parents, under the hashtag #WhereIsMyName.{{cite web|url=https://www.hrw.org/news/2020/09/18/afghan-women-win-fight-their-own-identity|title=Afghan Women Win Fight for Their Own Identity|access-date=18 September 2020|website=Human Rights Watch|date=18 September 2020 }}
In May 2022, the Taliban's Ministry for the Propagation of Virtue and the Prevention of Vice published a decree requiring all women in Afghanistan to wear full-body coverings when in public (either a burqa or an abaya paired with a niqāb, which leaves only the eyes uncovered).{{cite news |last1=George |first1=Susannah |title=Taliban orders head-to-toe coverings for Afghan women in public |url=https://www.washingtonpost.com/world/2022/05/07/taliban-orders-head-toe-coverings-afghan-women-public/ |access-date=8 May 2022 |newspaper=The Washington Post |date=7 May 2022}}{{cite news |last1=Graham-Harrison |first1=Emma |title=Taliban order all Afghan women to cover their faces in public |url=https://www.theguardian.com/world/2022/may/07/taliban-order-all-afghan-women-to-wear-burqa |access-date=8 May 2022 |work=The Guardian |date=7 May 2022}}
In August of 2024, the Taliban codified the 2022 Taliban decree by publishing the Law on the Promotion of Virtue and the Prevention of Vice through de facto authorities within the Afghan government.Propagation of Virtue and Prevention of Vice Law (2024) translated by the Afghanistan Analysts Network.
https://www.afghanistan-analysts.org/en/wp-content/uploads/sites/2/2024/08/Law-on-Virtue-and-Vice-Basic.pdf The law affirms previously stated ideals and enforcements of female modesty; such as requiring women to dawn full body-coverings like a burqa or an abaya paired with a niqāb.Propagation of Virtue and Prevention of Vice Law (2024) translated by the Afghanistan Analysts Network.
On 23 January 2025, International Criminal Court issued two warrants against the Taliban supreme leader Haibatullah Akhundzada and the Chief judge, Abdul Hakim Haqqani, for committing the crimes against humanity with the oppression and persecution of Afghan women and girls, who have been deprived of the freedom of movement, the rights to control their bodies, to education, and to a private and family life, whereas the alleged resistance and opposition are brutally suppressed with murder, imprisonment, torture, rape, and other forms of sexual violence, since 2021. ICC member states are obliged to arrest wanted persons if they are on their territory.{{Cite news |title=Internationaler Strafgerichtshof beantragt Haftbefehl gegen Taliban-Anführer |trans-title=International Criminal Court requests arrest warrant against Taliban leaders |url=https://www.spiegel.de/ausland/afghanistan-internationaler-strafgerichtshof-beantragt-haftbefehl-gegen-taliban-anfuehrer-a-c79606bd-0a95-4b5b-b9db-d6cd1e8481df |newspaper=Der Spiegel |language=de |location=The Hague, Netjherlands |date=21 January 2025 |access-date=21 January 2025 }}
Sexual orientation
{{Main|LGBT rights in Afghanistan}}
Same-sex intimacy is currently illegal in Afghanistan. According to the 2017 Afghan Penal Code, same-sex activity is subject to a maximum sentence of two years in prison, depending on the perceived extent of sexual activity.{{Cite web |date=2024-12-17 |title=Afghanistan |url=https://www.humandignitytrust.org/country-profile/afghanistan/ |access-date=2025-04-10 |website=Human Dignity Trust |language=en}} Section 647 of the Penal Code states that women participating in Musahaqah, same-sex intercourse between females, are subject to a maximum of one year in prison. Section 649 affects male same-sex intercourse called Tafkhiz, which is intercourse that doesn't include penetration. Individuals caught participating in Tafkhiz can be jailed anywhere from three months to a year.{{Cite web |date=2024-12-17 |title=Afghanistan |url=https://www.humandignitytrust.org/country-profile/afghanistan/ |access-date=2025-04-10 |website=Human Dignity Trust |language=en}}Under Penal Code Section 646 regarding sodomy, sodomy charges are not limited to LGBTQ+ individuals and affect heterosexuals as well. Any individual caught participating in anal penetration can be charged up to two years in prison. Section 646 also extends to pedophelia, which is the only offense outside of sodomy included in this section. {{Cite web |date=2024-12-17 |title=Afghanistan |url=https://www.humandignitytrust.org/country-profile/afghanistan/ |access-date=2025-04-10 |website=Human Dignity Trust |language=en}}
While the law explicitly outlines prison sentences, it does not address the social stigma and treatment of LGBTQ+ people in Afghanistan under Taliban rule. Since the 2021 Taliban Offensive, violent crimes against LGBTQ+ people have increased. If a person in caught or suspected of same-sex desire or intercouse, there is a possibility of being assaulted and possibly killed by police before their trial.{{Cite web |date=2024-12-17 |title=Afghanistan |url=https://www.humandignitytrust.org/country-profile/afghanistan/ |access-date=2025-04-10 |website=Human Dignity Trust |language=en}} In October of 2024, nine individuals were publicly flogged for sexual deviance before their trial. A few months prior in June of 2024, 63 people were publicly flogged by the Taliban for "immoral activities" including same-sex intercourse and adultery.{{Cite web |title=Taliban publicly flog 9 Afghan men, women despite UN outcry |url=https://www.voanews.com/a/taliban-publicly-flog-9-afghan-men-women-despite-un-outcry/7816230.html |access-date=2025-04-14 |website=voanews.com |language=en}}
Persecution of Minority Groups
{{Main article|Persecution of Hazaras}}
Hazaras are one of the ethnic groups in Afghanistan. After the takeover by Taliban, many Hazaras were forcibly evicted from their homes.{{cite news |last1=Graham-Harrison |first1=Emma |title=Taliban 'forcibly evicting' Hazaras and opponents in Afghanistan |url=https://www.theguardian.com/world/2021/oct/23/taliban-forcibly-evicting-hazaras-and-opponents-in-afghanistan |access-date=2022-09-20 |work=The Guardian |date=2021-10-23}} A report by Amnesty International reported that the Taliban were prosecuting, torturing and unlawfully killing Hazaras.{{cite news |title=Afghanistan: Taliban torture and execute Hazaras in targeted attack - new investigation |url=https://www.amnesty.org/en/latest/news/2022/09/afghanistan-taliban-torture-and-execute-hazaras-in-targeted-attack-new-investigation/ |access-date=2022-09-20 |work=Amnesty International |date=2022-09-15}}
Slavery
{{Excerpt|Slavery in Afghanistan}}
See also
{{Portal|Afghanistan|Freedom of speech|Religion|LGBTQ|Media}}
- Crime in Afghanistan
- 2007 Shinwar shooting
- Revolutionary Association of the Women of Afghanistan
- Sayed Pervez Kambaksh
- Freedom of religion in Afghanistan
- Anti-Afghan sentiment
- Abdul Samad Amiri, Afghan human rights activist killed by the Taliban in 2019
References
{{Reflist}}
- Life Under the Taliban, by Stewart, Gail B.
External links
{{commons category}}
- [https://www.state.gov/reports/2021-report-on-international-religious-freedom/afghanistan/ US State Dept 2021 report]
- [https://www.un.org/webcast/unhrc/archive.asp?go=090507 Review of Afghanistan] by the United Nations Human Rights Council's Universal Periodic Review, May 7, 2009. (Scroll down past New Zealand.)
- [https://web.archive.org/web/20070705064037/http://www.ands.gov.af/mdgsgroups.asp Afghanistan's MDG] - Millennium Development Goals
- [http://www.aihrc.org.af/ Afghanistan Independent Human Rights Commission (AIHRC)]
- [http://www.afghanwomensnetwork.org/ Afghan Women's Network]
- [https://web.archive.org/web/20070619091337/http://www.wraf.ca/ Women's Rights in Afghanistan Fund] - funded by Canadian International Development Agency (CIDA)
- [https://web.archive.org/web/20081226085343/http://www.cahr.info/index_files/page0019.htm World Observes International Mine Awareness and Assistance Day] Central Asia Health Review. Apr. 5,2008
- [https://web.archive.org/web/20101007000128/http://cahr.info/index_files/page0015.htm Poor Sanitation Causes Death among Children under Five in Afghanistan] Central Asia Health Review. Mar. 14,2008
- [https://web.archive.org/web/20060217050833/http://www.ifex.org/en/content/view/full/142/ Freedom of expression in Afghanistan] - IFEX
- [https://web.archive.org/web/20060516084045/http://www.advocacynet.org/partner_view/partner_38.html Omid Learning Centers- Educating Young Afghan Girls]
- [https://www.hrw.org/campaigns/afghanistan/ HRW - Afghan Election Diary] - work on Afghanistan from Human Rights Watch
- [http://news.bbc.co.uk/2/hi/south_asia/6149144.stm BBC News - Afghan women seek death by fire] - 15/11/06
- [https://www.independent.co.uk/news/world/asia/afghan-leader-accused-of-bid-to-legalise-rape-1658049.html]- Jerome Saxby: "Afghan leader accused of bid to legalise rape" Independent 31.03.09.
- [http://www.humanrightsme.info Human Rights Middle East] {{Webarchive|url=https://web.archive.org/web/20091203154727/http://www.humanrightsme.info/ |date=2009-12-03 }}
- [https://web.archive.org/web/20151208145519/https://t-o-i.org/what-we-do-2/diy-creations/ DIY Creations-Empowering Women in Afghanistan through business startups.]
- [https://web.archive.org/web/20151208145519/https://t-o-i.org/what-we-do-2/diy-creations/ Children rights in Afghanistan. Transition Home for Orphan Boys in Afghanistan.]
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{{Afghanistan topics}}
{{Asia in topic|Human rights in}}
{{Human rights in the Middle East}}
Category:Society of Afghanistan