Author: Sayed Hussain Hussainy

The military takeover by the Taliban in August 2021 marked the beginning of a tragedy for the country’s cultural and artistic community. The de facto administration has imposed numerous threats and restrictions, creating harsh living conditions through inhumane treatment, beatings, and insults. Arts such as music, sculpture, dance, theater, cinema, and painting have been banned, leading to a soulless society. Some artists have been killed, and many have been tortured and publicly humiliated. Recently, De facto authorites cut off the hand of an artist for playing the guitar and subjected him to severe physical and psychological torture, exemplifying the immense suffering inflicted on the country’s culture.Afghanistan’s cultural identity is globally recognized, having offered some of the world’s best cultural figures. Prestigious museums house valuable Afghan artworks. Music, traditional dances, sculpture, painting, and singing have deep historical roots. However, the de facto administration, driven by narrow-minded and dogmatic religious-political ideology, aims to eradicate cultural artifacts and impose extensive restrictions on cultural figures. Afghanistan’s multicultural identity, composed of historical subcultures, value-based traditions, and languages, is increasingly under threat. De facto authorites have banned Persian (Dari) terms, one of the world’s oldest languages, and removed portraits and works of great historical figures from major galleries. These actions have severely damaged the spiritual essence of the country. Koocheh Kharaabat, once the origin of music, celebrations, and praises, is now silent. Local cultures and traditional music in every province are being censored and replaced by De facto authorites’s oppressive regime. Buildings and places dedicated to cinema, theater, music performances, traditional dances, and galleries have been attacked, and their equipment destroyed. National and international fine arts departments have been removed from the education system, and the Music School and the Afghanistan Institute of Music have been closed. Civil institutions supporting culture in Afghanistan are no longer…

Recently, distressing and shocking reports about the situation of Afghan migrants and refugees in Iran has affected the morale of the people of Afghanistan and the global humanitarian community. Documented reports published by the media and refugee support organizations indicate mistreatment of homeless and wandering Afghan migrants in Iran. Statements issued by local Iranian authorities emphasize shelter restrictions and call for the cessation of basic amenities for Afghan migrants. Additionally, people in some provinces of Iran have attacked Afghan migrants, subjecting them to physical abuse and humiliation. Credible reports and research indicate that arrests, torture, and harassment by Iranian police have been imposed on Afghan refugees and migrants, with some disappearing cases. Restrictions on employment, education, and access to health services have made life extremely difficult for Afghan migrants. These reports also state that many refugees and migrants suffer from depression and mental health issues. Afghan migrants detained in Iranian detention centers and prisons lack basic justice and access to information. Employment restrictions have led to high unemployment and uncertainty among Afghan migrants, resulting in widespread poverty among their families. Discrimination against Afghan migrants is widespread in all aspects of life for millions of migrants.Findings of the Human Rights Defenders Plus (HRD+) shows that a large number of refugees fled to Iran after the fall of the Republic to save their lives. Reports from the United Nations and human rights organizations indicate that many former government soldiers, human rights defenders, government employees, and ethnic-religious minorities have been tortured and harassed by the de facto Taliban administration, with some losing their lives. Therefore, individuals at serious risk have considered seeking asylum as the only option to ensure their safety and that of their families, and have sought refuge in Iran. Based on the 1951 Refugee Convention, the International Covenant…

Legal Note #1: "Internalizing" Gender Apartheid By The Taliban De Facto Administration Dr. Malek Sitez, Senior Researcher on Human Rights and International LawApartheid is the ugliest and most severe form of discrimination imposed on citizens by laws, structures, policies, and official mechanisms. Human society has witnessed various forms of apartheid, the most inhumane of which are racial apartheid and gender apartheid. In this regard, the global community has tried to make all governments commit to including all forms of apartheid as crimes in their legal systems and to prosecute the perpetrators of this heinous crime. On the other hand, international courts consider apartheid as a crime against humanity and call on the global community to completely eliminate apartheid on Earth. The International Criminal Court (ICC)i recognizes apartheid as a crime against humanity and conducts research and interpretation of legal theories related to this crime. Supporting the victims of apartheid violations is considered a duty of member states of the United Nations. Therefore, governments are required to identify ways to prevent this heinous phenomenon and punish those responsible, in line with the requirements of human rights conventions derived from the Universal Declaration of Human Rights (UDRH), which specifically prohibit apartheid and discrimination. With the takeover by the Taliban in August 2021, the human rights situation of the people of Afghanistan has tragically changed. The Taliban, by declaring an Islamic emirate, nullified the Afghan constitution, which had guaranteed the protection of citizens’ fundamental rights in its second chapter, and abolished the laws derived from it. The Taliban leadership subsequently issued a continuous chain of restrictive orders against human rights of citizens, and the Taliban’s executive structures imposed and enforced them on the people. By implementing these discriminatory orders against women, the Taliban leader systematically deprived women of all their fundamental rights.…

The HRD+ is deeply concerned about the absence of Afghan women's important role and position in the upcoming Doha talks. The United Nations, which is organizing and managing these talks, is obligated to respect the fundamental role of women in resolving issues in Afghanistan in accordance with international laws, particularly international human rights. The people of Afghanistan are part of the global community and their rights should not be compromised in international forums.The HRD+ expresses ongoing and extensive support for oppressed Afghan women and states that the absence of women in the Doha talks contradicts the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and UN Security Council Resolution 1325.The absence of women implies acceptance of the unfair and dictatorial preconditions set by the de facto Taliban against human rights, civil society, and national legitimacy. The HRD+ firmly states that accepting the Taliban's preconditions damages the dignity and trust of the national and international community in the United Nations.The HRD+ calls on the organizers and hosts of the Doha talks to seriously consider the recent report of the UN Special Rapporteur on Human Rights and to take its recommendations into account in the upcoming talks. It has been mentioned that the UN will launch consultative programs with representatives of civil society and women before and after the Doha talks. The HRD+ requests that the hosts of this meeting do not marginalize women and civil society through this approach.The HRD+ urges the hosts of the Doha talks to reconsider the agenda and the invitation of participants in this meeting. Download English PDF Download Persian PDF

STOP NORMALIZING IMMUNITY FOR WAR CRIMINALS AND HUMAN RIGHTS VIOLATORS!Some governments have been attempting to grant immunity to individuals who are on international blacklists for committing human rights violations and war crimes, despite facing legal, political, and economic sanctions from the United Nations Security Council (UNSC). These individuals are being granted travel visas and the freedom to travel between countries, a move strongly criticized by HRD+.Committee 1988, based on decisions from the UNSC, is demanding all UN member states take serious action against these individuals, refraining from granting them immunity and legal freedom in their territories. This principle is rooted in international law and requires the global community to adhere to it.HRD+ is expressing deep objection to the Russian government for inviting Taliban ministers of education and higher education to the country. The Taliban administration has denied Afghan girls and children their fundamental right to education for over 1000 days, which HRD+ views as a historical crime. The decision by Russia, a member of the UNSC, to invite Taliban ministers for negotiations goes against human rights standards and ethical values in global and regional government relations.HRD+ criticizes the United Arab Emirates and Saudi Arabia for inviting and hosting Taliban leaders who have a dark and terrifying history of terrorism. We strongly condemn this irresponsible act and demand the UN sanctions and monitoring committee to take decisive and deterrent action. If not, citizens of the world will lose trust in their ability to uphold human rights.We urge human rights activists, institutions, and monitoring mechanisms in Afghanistan to declare their position on the innocence and immunity of war criminals and human rights abusers separately, and ask world governments to adhere to accepted international human rights standards as outlined in the conventions.We expect media and civil society in Afghanistan, both within…

Afghanistan has been affected by widespread political, financial, and administrative corruption, leading to the breakdown of the political system and undermining trust between citizens and the government. Resources that were provided by the international community to Afghanistan from 2001 to 2021 for the benefit of the Afghan people were misused by corrupt politicians, impeding the country’s progress and well-being. These corrupt politicians have shown a lack of respect for basic moral principles and have exploited the vulnerable population, including children, women, the elderly, and the families of martyrs.Recent investigations by global institutions and media have revealed corrupt political figures in Afghanistan and exposed their unlawful activities. In this open letter, civil society and human rights activists have raised several concerns:Firstly, finacial and administrative corruption is a significant factor contributing to human rights voilations, as the misappropriated resources belonged to deserving Afghan citizens. Corrupt officials, including high-ranking government officials, violated human rights by using their authority for personal gain. The international community is encouraged to include corruption cases in human rights investigations.Secondly, there must be no preferential treatment of corrupt individuals, as all key figures involved in corruption should be held accountable regardless of their political or social status. Collaboration with civil society and human rights activists is crucial for impartial investigations.Thirdly, global cooperation is essential to uphold the rule of law and pursue corruption suspects in Afghanistan. The United Nations is called upon to take action under the United Nations Convention against Corruption (UNCAC).Fourthly, corrupt individuals should not be allowed to seek refuge in friendly countries and their illicit assets should be investigated and frozen. Specific countries like the United Arab Emirates, Saudi Arabia, Turkey, Central Asian Republics, Russia, Iran, Pakistan, and India are mentioned in this regard.Lastly, illicit funds should be frozen until final court decisions are…

Recently, groups under the name of civil society and individuals as representatives of civil society have been engaged in negotiations and interactions with international institutions and de-facto administration, both inside and outside Afghanistan. These efforts have intensified specifically with the approach of the new round of United Nations meetings in Doha.Civil society, which acts as a bridge between the country’s citizens and national and international systems, has a series of accepted criteria that should never be deviated from. Human Rights Defenders Plus (HRD+) outlines the below criteria for civil society in important events concerning the future of Afghanistan as: Civil society is not a political institution and should not be used for the goals of political groups: Civil society can advocate on behalf of the country’s citizens for improving conditions within national and global political structures. Inclusion of civil society in any political misuse is contrary to the norms of this valuable institution. Civil society is a people-driven entity whose legitimacy comes from citizen formations: No institution should misuse this valuable legitimacy to support any political or economic interests of their group or individual. Institutions or representatives of civil society should have collective backing from other civil institutions and should attend events as a result of constructive negotiations and dialogues with other civil institutions. Civil society’s proposals in significant gatherings should be based on human rights values, particularly the rights of Afghan women: Women’s participation in all political, economic, social, and cultural matters should become a fundamental precondition for civil society. Women should be invited to important national and international events concerning Afghanistan without any discrimination, and their meaningful role in all affairs should be observed. The rule of law, a lawful modern national state, should be the most important principle in any agenda for civil society: Legitimacy is a prerequisite for effective…

Following the seizure of political power by the Taliban in Afghanistan, they began imposing restrictions on the civil and political freedoms of the Afghan people. Over time, these restrictions have expanded, depriving the country's citizens of their civil liberties. Recently, the Taliban's de facto administration has imposed more restrictions and constraints on free, political, and social media, labelling some of them as 'violating national interests.' These restrictions are specifically imposed on women, with some media outlets instructed not to publish women's voices (phone calls). Furthermore, the suppression of media freedom and freedom of expression not only severely limits citizens' right to access reliable information but also restricts media spaces, leading to widespread human rights violations and violence, while the lack of media oversight grants impunity to human rights violators. The irresponsible conduct of the Taliban is in opposition to all national and international values and laws, leaving the country's citizens deprived of their most fundamental human rights. Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights recognize media freedom and freedom of expression as the most important human rights principles for human society and obligate the international community to uphold them. We strongly urge the Human Rights Committee, the monitoring body of the International Covenant on Civil and Political Rights of the United Nations, to consider legal and political assessments and to seek more rigorous mechanisms to uphold civil freedoms in Afghanistan. We specifically draw the attention of the United Nations Special Rapporteur on Human Rights in Afghanistan to reflect on these restrictions. We call upon Mr. Richard Bennett to coordinate with relevant UN bodies and other regional and international institutions to mitigate these violations. We call upon all civil institutions inside and outside the country…