2166b. Freedom of Peaceful Assembly and Association.—Civil war, tenuous security,and likely opposition from local authorities seriously inhibited freedom of assemblyand association.It is unknown whether laws exist that govern the formation of associations. Manydomestic NGO’s continue to operate in the country, and many international NGO’salso continue to operate (see Section 4). There were reports that the Taliban requiredNGO’s to go through burdensome registration procedures in order to be allowedto operate and attempted to exert control over NGO staffing and office locations,especially in Kabul. All factions continue to harass and interfere with the operationsof domestic and international NGO’s, including aid organizations (see Section4).c. Freedom of Religion.—Freedom of religion is restricted severely. Due to the absenceof a constitution and the ongoing civil war, religious freedom is determinedprimarily by the unofficial, unwritten, and evolving policies of the warring factions.In most parts of the country, the Pashtun-dominated, ultraconservative Islamicmovement known as the Taliban vigorously enforced its extreme interpretation ofIslamic law. The Taliban claimed in mid-1999 that it was drafting a new constitution,based upon the sources of Islamic religious law (Shari’a): the Koran, theSunna, and Hanafi jurisprudence. A Taliban spokesman stated that the new constitutionwould ensure the rights of all Muslims and of religious minorities. However,custom and law require affiliation with some religion, and atheism is consideredapostasy and is punishable by death. The small number of non-Muslim residentswho remain in the country may practice their faith but may not proselytize.The country’s official name, according to the Taliban, is the Islamic Emirate ofAfghanistan; according to the umbrella organization of various smaller, anti-Talibangroups, the Northern Alliance, it is the Islamic State of Afghanistan. These namesreflect the desire of both factions to promote Islam as the state religion. Talibanleader Mullah Omar carries the title of Commander of the Faithful. TraditionallySunni Islam of the Hanafi school of jurisprudence has been the dominant religion.The Taliban also adheres to the Hanafi school of Sunni Islam, making it the currentdominant religion in the country.The Taliban ruled strictly in areas that it controlled, establishing ad hoc and rudimentaryjudicial systems. The Taliban established Islamic courts in areas under itscontrol to judge criminal cases and resolve disputes. Taliban courts imposed theirextreme interpretation of Islamic law and punishments following swift summarytrials (see Section 1.e.).The Taliban seeks to impose its extreme interpretation of Islamic observance inareas that it controlled and has declared that all Muslims in areas under Talibancontrol must abide by the Taliban’s interpretation of Islamic law. The Taliban announcesits proclamations and edicts through broadcasts on the Taliban’s ‘‘RadioShariat’’ and relies on a religious police force under the control of the PVSV to enforcerules regarding appearance, dress, employment, access to medical care, behavior,religious practice, and freedom of expression. Members of the PVSV, which wasraised to the status of a Ministry in May 1998, regularly check persons on the streetin order to ascertain that individuals are conforming to such Taliban edicts. Personsfound to be in violation of the edicts are subject to punishment meted out on thespot, which may include beatings and detention. In practice the rigid policies adoptedboth by the Taliban and by certain opposition groups have a chilling effect onadherents of other forms of Islam and on those who practice other faiths. Enforcementof Taliban social strictures is much stricter in the cities, especially in Kabul,and looser in rural areas, where more is left to local custom.Reliable data on the country’s population is not available. However, informedsources estimate that 85 percent of the population are Sunni Muslim; most of theremaining 15 percent are Shi’a. The Hazara ethnic group is predominantly Shi’a;Shi’a are among the most economically disadvantaged persons in the country. TheShi’a minority want a national government that would give them equal rights ascitizens. There are also small numbers of Ismailis living in the central and northernparts of the country. Ismailis are Shi’a but consider the Aga Khan their spiritualleader. In the past, small communities of Hindus, Sikhs, Jews, and Christians livedin the country, but most members of these communities have left. Almost all membersof the country’s small Hindu and Sikh population, which once numbered about50,000 persons, have emigrated or taken refuge abroad.Licensing and registration of religious groups do not appear to be required by theauthorities in any part of the country.According to Human Rights Watch, in September 1999, the Taliban issued decreesthat forbade non-Muslims from building places of worship but allowed them to worshipat existing holy sites, forbade non-Muslims from criticizing Muslims, orderednon-Muslims to identify their houses by placing a yellow cloth on their rooftops, for-VerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00010 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.034 HINTREL1 PsN: HINTREL1
2167bade non-Muslims from living in the same residence as Muslims, and required thatnon-Muslim women wear a yellow dress with a special mark so that Muslims couldkeep their distance. These decrees followed earlier reports that Hindus were requiredto wear a piece of yellow cloth attached to their clothing to identify their religiousidentity and that Sikhs were required to wear some form of identification aswell. This system of identification allegedly was imposed to spare non-Muslims fromthe enforcement of rules that are mandatory for Muslims and from harassment byagents of the PVSV, but the identification system reportedly no longer is enforced.There also are unconfirmed reports that the Taliban has occupied and ‘‘cleaned’’Shi’a mosques for the use of Sunnis, including a Shi’a mosque in Mazar-i-Sharif in1998. The sections of the country’s educational system that have survived over 20years of war put considerable emphasis on religion.In Taliban controlled areas, the Taliban has decreed that all Muslims must takepart in five daily prayers. Those who are observed not praying at appointed timesor who are late attending prayer are subject to punishment, including severe beatings.There were reports in 1998 that PVSV members in Kabul stopped persons onthe street and quizzed them to determine if they knew how to recite various Koranicprayers.Publishing and distribution of literature of any kind, including religious material,is rare.Proselytizing by non-Muslims is prohibited. A small number of foreign Christiangroups are present in the country, but they focus on relief work since they are forbiddento proselytize. Conversion from Islam is considered apostasy and is punishableby death. There was no information available about converts or about restrictionson the training of clergy.Since taking control of Kabul in 1996, the Taliban reportedly has committed numeroushuman rights violations, particularly against the Hazaras. In September1997, the Taliban reportedly massacred 70 ethnic Hazara civilians in Qezelabad.There were reports of mass arrests by the Taliban in Hazara neighborhoods ofKabul in January 1998. There also were credible reports of the massacre of thousandsof civilians and prisoners by the Taliban during and after the capture ofMazar-i-Sharif in August 1998; this massacre reportedly was aimed at ethnicHazaras. In September 1998, approximately 500 persons were killed as the Talibangained control of the city of Bamiyan. The Hazaras regained control of Bamiyan inApril 1999 following prolonged guerrilla-style warfare; however, the Taliban recapturedBamiyan in May 1999 and reportedly killed a number of Shi’a residents.There were reports during 1999 and 2000 that there were forced expulsions of ethnicHazaras and Tajiks from areas controlled or conquered by the Taliban, as wellas harassment of these minorities throughout Taliban controlled areas.The Ismaili community fought for the Northern Alliance against the Taliban andsuffered when the Taliban occupied territories once held by Ismaili forces. Therewere reports of mistreatment of Ismailis at the hands of the Taliban.The Taliban, following its extreme interpretation of Shari’a (Islamic law), requiredwomen to don a head-to-toe garment known as the burqa, which has only a meshscreen for vision, when in public. While in some rural areas this was the normalgarment for women, the requirement to wear the burqa represented a significantchange in practice when imposed in urban areas. According to a decree announcedby the religious police in 1997, women found outside the home who were not coveredproperly would be punished severely, along with their family elders. In Kabul andelsewhere, women found in public who were not wearing the burqa, or whose burqasdid not cover their ankles properly, were beaten by Taliban militiamen. Accordingto Taliban regulations, men’s beards must protrude farther than would a fistclamped at the base of the chin. Men also must wear head coverings and must nothave long hair. A man who has shaved or cut his beard may be imprisoned for 10days and be required to undergo Islamic instruction. Several civil service employeesreportedly were fired in 1997 for cutting their beards. All students at Kabul Universityreportedly are required to have beards in order to study there (no female studentsare allowed). There also are credible reports that Taliban members gaveforced haircuts to males in Kabul. At various times, the Taliban has banned certaintraditional recreational activities, such as kite flying and playing chess. Dolls,stuffed animals, and photographs are prohibited under the Taliban’s interpretationof religious injunctions against representations of living beings; in search of theseobjects, Taliban soldiers or persons masquerading as Taliban members reportedlyhave entered private homes without prior notification or informed consent. TheTaliban reportedly has required parents to give their children Islamic names (seeSection 1.f.).The Taliban continues to prohibit music, movies, and television on religiousgrounds in Taliban-controlled areas. In 1998 television sets, videocassette recorders,VerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00011 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.034 HINTREL1 PsN: HINTREL1
- Page 7 and 8: 2163All factions probably hold poli
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2233three Border Security Force mem
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2287Provisional Constitutional Orde
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2339thor, remained subject to gover
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2341bombs exploded in the hall of t
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2343September 29, the Center for Mo
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23491999, the LTTE began a program