Author: Sayed Hussain Hussainy

Dear Excellencies, We, the undersigned Afghanistan and international human rights and civil society organisations, write to you once again to share our concerns regarding the grave human rights and humanitarian crisis in Afghanistan and to reiterate the urgent need for accountability for gross, widespread and systematic human rights violations and abuses that continue to be committed across Afghanistan, including crimes under international law, some of which may amount to crimes against humanity.We call on the UN Human Rights Council, at its upcoming 57th regular session to: renew and strengthen with the necessary resources, the mandate of the Special Rapporteur on the situation of human rights in Afghanistan; establish a parallel and complementary independent mechanism to investigate, collect, consolidate, preserve and analyse evidence of human rights violations and abuses and crimes under international law; and ensure continuation of a dedicated space for enhanced interactive dialogue on the situation of women and girls in Afghanistan with meaningful follow-up to the report of the Special Rapporteur on Taliban’s repression against women and girls. We further urge you to seriously consider the calls for the recognition and codification of gender apartheid as a crime under international law.This letter, just as in our previous letter shared ahead of the 54th session of the Council in September 2023, is an outcome of consultations with Afghanistan’s civil society and human rights defenders located inside and outside of the country and enjoys broad support from Afghanistan’s civil society.In the past three years, the Taliban have completely reversed measures previously adopted to enhance the promotion and protection of human rights in Afghanistan. The Taliban, as the de facto authority, have spurned Afghanistan’s international obligations and have continued to introduce arbitrary, unlawful and wide-ranging restrictions on human rights.With bans on secondary and higher education, employment, freedom of movement,…

Recently, some criminals have carried out terrorist attacks against the police and German citizens, leaving harmful impacts on the political and social atmosphere of the country. Some of these lawless and criminal individuals, who have attacked, injured, or killed innocent people, are Afghan citizens who, due to difficult conditions, left their country and sought asylum in Germany. However, these individuals, without adhering to German law, culture, and social ethics, have committed such crimes, which are undoubtedly subject to legal prosecution. Unfortunately, as a result of these shocking incidents, xenophobia and anti-immigrant sentiment have spread in Germany, influencing the country's policymakers. Recently, the German government has begun deporting groups of Afghan refugees, forcibly returning those with criminal and legal records to Afghanistan. This approach has also led some other European countries, such as Austria, to emulate Germany, resulting in the expansion of the policy of deporting Afghan refugees and migrants across Europe. The HRD+ has closely monitored the situation and declares: Individual Responsibility for Crimes: Since crime is considered an individual and personal act, the individual crimes of people should not be generalized to other asylum and migration cases. From a criminological perspective, a crime represents the actions of a legal or natural person and requires legal consequences and accountability. No one else, except the criminal individuals, is obligated to pay penalties or face punishment. Therefore, based on the principles of the rule of law, transparency, justice, and accountability must be applied according to individual responsibility before the law, and the outcome of a crime or its punishment should not be extended to innocent individuals. Review of Criminal Cases: The examination of criminals' cases by specialized groups should occur within the scope of access to justice, and the identities of the criminals should be considered confidential. This will allow…

21 August 2024Recently, the de facto administration has announced a travel ban on Mr. Richard Bennett, the UN Special Rapporteur on the situation of human rights in Afghanistan, preventing him from continuing his visits to the country. This irresponsible action has caused deep concern among all human rights defenders and civil society activists in Afghanistan. Human Rights Defenders Plus (HRD+) strongly condemns this decision by the de facto administration and declares:Mr. Bennett's mission is based on the principles and accepted norms of international law, particularly international human rights law, and has been approved by the UN Human Rights Council. The primary goal of this mission is to monitor the human rights situation, document human rights violations, and provide detailed reports on human rights in Afghanistan. Therefore, no agenda outside the scope of human rights is included in this mission, making it a valuable process.Mr. Bennett's mission in Afghanistan is expertise-driven. This mission consists of a team of human rights specialists who are not committed to any government or political entity but are directly accountable to the human rights structures of the United Nations and report accordingly.The outlook of the UN Special Rapporteur's mission on the situation of human rights in Afghanistan is to improve the human rights situation by providing constructive recommendations to both the national and international communities. States and international organizations use the Special Rapporteur's recommendations to coordinate their programs aimed at supporting human rights and defending victims.Given the challenging situation in Afghanistan, the Special Rapporteur is considered the most important mission for monitoring the human rights situation in the country. Governments are obligated to provide constructive cooperation with UN Special Rapporteurs. Therefore, the travel ban on the UN Special Rapporteur on the situation of human rights in Afghanistan is considered contrary to the accepted principles…

The people of Afghanistan have endured three years of challenging conditions involving restrictions on human rights, widespread poverty, and a lack of legitimacy and the rule of law. During this period, the de facto Taliban administration imposed a dictatorial, religious extremist rule on society and banned citizens' freedoms. The Taliban disregarded the right to political participation, a foundational citizen right, and failed to establish any mechanism for national legitimacy. This lack of national legitimacy has led to a void in international legitimacy and isolated Afghanistan from the global community.Over the past three years, our people have experienced widespread human rights abuses, with women bearing the brunt of the social crisis. Children have faced hardships in the harsh economic and social environment, while poverty and unemployment have increased. Citizens have waited in long lines to obtain passports in order to leave Afghanistan. Reports from global sources indicate that Afghanistan is currently facing a humanitarian crisis, with a significant number of citizens suffering from mental health issues and depression. Due to the restrictions on human rights, the international community has been unable to provide the necessary support to the people of Afghanistan.Over the past three years, civil society actors, human rights activists, and women's rights defenders have faced threats, torture, and imprisonment. The Taliban have not hesitated to use inhumane treatment against their opponents and critics, leaving society in complete turmoil and distress. A large number of intellectuals and experts have left the country.The HRD+, considering the inhumane actions of the Taliban in the past three years, raises the following points:First, the de facto Taliban administration is not representative of the people of Afghanistan and has been imposed on our people by force and coercion. We urge all national and international actors to pressure and impose further restrictions on the…

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…