Afghanistan. - Forced Migration Online

Websites:
The Brookings Institution
Human Rights Watch
World Reports
Afghanistan country page
Relief Web – Afghanistan country page
Afghanistan Information Management Service
NATO - ISAF
2.2.4 Protection and Human Rights
The record of human rights abuses in Afghanistan is long and grave. Throughout the years of
conflict, violent acts of torture, rape and summary executions were commonplace. Under the
Taliban, punitive justice was meted out as an instrument for strengthening control over
populations and based on the justification of the implementation of a puritanical form of
Shar’ia Law. The most notable violations include those which occurred during the Taliban’s
take-over of the northern city of Mazar-e-Sharif in 1998, and executions of civilians in
Hazarajat in 2001.
Immediately following the ousting of the Taliban, Afghanistan continued to be fraught with
insecurity and outbreaks of violence - with no promise of justice for victims of war crimes.
Investigation into abuses were not taken up immediately following the installation of the ATA
for political reasons but also practical ones, such as the need to completely overhaul the
justice system. The period 2001-02 continued to be characterized by ethnic, political and
territorial divisions which led to conflict and tension in pockets throughout the country. In
2002 and early 2003, areas in the north of the country continued to be insecure, leaving many
refugees and IDPs reluctant to return home. However, overall there was a general
improvement in human rights. Issues pertaining to land and property restoration made return
of displaced persons particularly difficult and assistance agencies were over stretched and in
many ways, unprepared to address the problems. This was due in part to the sheer numbers of
returnees and also a shortfall in budgets for both reconstruction and rehabilitation which was
vital for facilitating return. Women and girls experienced relaxed restrictions on mobility,
dress and employment. However, in some parts of the country they continued to experience
discrimination and harassment.
Under the Bonn Agreement, the Interim Administration, with the assistance of the United
Nations, an independent Human Rights Commission was established to document human
rights violations committed over the last 20 years. The Commission was meant to monitor and
investigate violations of human rights, and oversee the development of domestic human rights
institutions. Human rights groups also called for the creation of an international commission
of experts to investigate crimes against humanity and violations of international law –
although no war crimes tribunal was established. Amnesty International called for the
establishment of a mechanism which would allow for the investigation of human rights
violations while helping to secure the protection of basic human rights. Amnesty International
also argued that long-lasting peace in Afghanistan could only be realised if respect for human
rights was widely promoted and violators – both past and future – were held accountable. In
2002, Karzai stated that he will bring those who have committed human rights violations to
justice. The politics of the country have made this task difficult.
Throughout 2003 and 2004, the human rights situation did not see marked improvements,
despite successes on the political front such as the drafting of the new Constitution. Once
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