Summary

This first report submitted by the recently appointed Special Rapporteur reflects on developments since 15 August 2021, when the Taliban took power, including discrimination and violence against women, conflict related violations, restrictions of freedom of expression, association and peaceful assembly, economic, social and cultural rights, and administration of justice. The report also introduces the Special Rapporteur’s vision and priorities for the mandate.

I. Introduction

1. This report, submitted pursuant to Human Rights Council (HRC) resolution 48/1, outlines human rights developments in Afghanistan since the fall of the Islamic Republic of Afghanistan on 15 August 2021 until July 2022.

2. The Special Rapporteur assumed his duties in May 2022 and conducted his first mission to Afghanistan from 15-26 May 2022. He expresses his appreciation to the de facto authorities for their cooperation during the visit, including by meeting him at a senior level, providing access to the territory and to places of detention, education and medical facilities. He is encouraged by the willingness of the de facto authorities to exchange views with the mandate holder and looks forward to ongoing dialogue. During his mission, the Special Rapporteur also met representatives of civil society, including women’s groups, representatives of minority communities, persons with disabilities and children, to whom he is grateful.

3. The Special Rapporteur has engaged with United Nations and other agencies, a broad range of Member States and held over 100 meetings with 1,000 stakeholders. He has participated in online and in person events, including an intervention on behalf of the Coordinating Committee of Special Procedures at the Urgent Debate on the situation of women and girls held during the HRC’s 50th Session. He also met representatives of the Qatar Government in Doha and representatives of the Afghan diaspora in Istanbul.

4. This report contains information received by the Special Rapporteur and collected during his missions. The information used in this report has been determined credible and verified where possible using multiple sources. This report comprises an initial assessment of the situation and specific human rights issues will be given more detailed attention in future reports. The Special Rapporteur integrates a gender perspective and a survivor-centred approach through the report, anonymising sources of information about alleged human rights violations where necessary.

II. Vision and priorities for the mandate

1. The Special Rapporteur takes the opportunity of this initial report to express views about the potential for the implementation of the mandate.

2. The Special Rapporteur’s first responsibility is “to report on the developing situation of human rights and to make recommendations to improve it”, which is the principal objective of the current report. He will continue to report regularly on the human rights situation, including through public statements and remarks. He envisages undertaking research on thematic issues, working closely with leading think tanks, research and academic institutions, tabling conference papers at the HRC and engaging with other UN human rights mechanisms to ensure that the situation of Afghanistan continues to be kept high on political and human rights agendas.

3. Noting the mandate includes the responsibility “to seek, receive, examine and act on information… pertaining to the situation of human rights in Afghanistan” and that expertise is to be provided “in particular in the areas of fact-finding” as well as other areas including forensics, the Special Rapporteur considers his mandate includes an important accountability component and plans to take this forward. He further notes his mandate includes “assisting in fulfilling the human rights obligations arising from international treaties that Afghanistan has ratified”. This includes the obligations of States to investigate, prosecute and punish serious human rights violations. Integrating “a survivor-centred approach throughout the work of the mandate” may include prioritising their right to an effective remedy set out in Article 2 of the International Covenant on Civil and Political Rights (ICCPR). Further context is provided in operative paragraph 6 of Resolution 48/1which reiterates “the urgency to initiate prompt, independent and impartial review of or investigation into all alleged violations and abuses of human rights and violations of international humanitarian law to end impunity, ensure accountability and bring perpetrators to justice”.

4. The Special Rapporteur proposes to work with the de facto Authorities and other Afghan stakeholders for the promotion and protection of human rights and to support them in the implementation of recommendations from the UN human rights mechanisms including Treaty Bodies and Universal Periodic Review including in the context of the Sustainable Development Goals (SDGs).

5. The Special Rapporteur plans to continue to undertake human rights advocacy with the de facto authorities, emphasizing both their international legal obligations and the social and economic benefits that accrue for an entire society through fulfilling human rights and development goals. He will continue to raise the responsibilities arising from international treaties that Afghanistan has ratified, while offering assistance to implement recommendations.

6. The Special Rapporteur plans to work with and complement other UN mechanisms, including UNAMA and UN agencies present in Afghanistan. He will continue to engage closely with civil society, both in Afghanistan and the diaspora, recognizing its central role for long-term stability and development. In particular, he supports the critical role of human rights defenders, especially women, in promoting and protecting human rights. He will continue to examine and act on allegations of human rights violations and abuses including collecting and preserving information with the aim of holding perpetrators to account.

7. The Special Rapporteur will utilize the mandate’s communications procedure to share individual complaints and issues of concern with the de facto authorities. He has begun translating his reports, statements and other communications into local languages, and hopes Member States will look positively on requests for resources to continue this.

Source: UN Human Rights Council