Three years since the Taliban took control, Afghanistan has descended into one of the world’s most severe humanitarian crises. Millions of Afghans, especially women and girls, face systematic repression. The Taliban have enacted increasingly restrictive measures aimed at erasing women and girls from public life, leading to widespread subjugation and violations of their human rights and fundamental freedoms. Afghanistan remains the only country where females are barred from secondary and higher education, and many women are banned from most forms of employment. Human Rights Watch (HRW) has concluded that these abuses amount to the crime of gender persecution.

Last week, amid the ongoing crisis, HRW urged the UN Human Rights Council to create an independent body to investigate and hold accountable those responsible for severe human rights violations in Afghanistan.

Afghanistan since the 2021 Taliban takeover

Although the Taliban has not been officially recognized as the legitimate government of Afghanistan, they are the de facto authorities in control of the country. They have assumed control of the former government’s structures, offices, and personnel. This situation has allowed the Taliban to impose their oppressive policies systematically and extensively, negatively impacting women and girls across the nation.

The United Nations Assistance Mission in Afghanistan (UNAMA) has documented serious human rights violations by the de facto Taliban authorities. According to a recent  UNAMA report covering the period from August 15, 2021, to June 30, 2023, there have been at least 800 documented instances of human rights abuses by Taliban forces against former government officials and security personnel. These violations include extrajudicial killings, arbitrary arrests and detentions, torture, and enforced disappearances. In addition to these abuses, UNAMA has recorded 3,774 civilian casualties during the same period, including 1,095 killed and 2,679 wounded. Despite the Taliban’s announcement of a “general amnesty” for former government officials and members of the Afghan National Defense and Security Forces (ANDSF), the violations have persisted, with reports of over 144 cases of torture, 218 extrajudicial deaths, and 14 enforced disappearances.

The humanitarian situation is equally dire. More than 28 million people, nearly two-thirds of the population, require humanitarian aid, with over 14.7 million needing assistance for basic survival. The crisis is further exacerbated by severe malnutrition affecting 4 million individuals, including 3.2 million children under five. The situation has been worsened by the loss of international aid since August 2021, a shortfall in humanitarian assistance in 2023, and ongoing droughts exacerbated by climate change.

The press silenced

Between August 2021 and August 2023, at least 64 journalists were detained by the Taliban, with many arbitrarily arrested or harassed for critical reporting. Over 80 percent of women journalists left their jobs during this period due to increasing restrictions, and women appearing on television were forced to cover their faces. The Taliban also shut down media outlets, with more than half of registered outlets closing, and two-thirds of journalists leaving their jobs. Among the detained was Murtaza Behboodi, a Franco-Afghan journalist, who was held for nine months before being released.

International human rights law protects the right to freedom of expression, including seeking and sharing information. Restrictions on this right must be lawful, necessary, and proportionate. Despite the Taliban’s assurances that media would be allowed to operate as long as they “respected Islamic values,” their new regulations have severely stifled media freedom in Afghanistan. “The Taliban regulations are so sweeping that journalists are self-censoring and fear ending up in prison,” said Patricia Gossman, associate Asia director at Human Rights Watch.

LGBT rights violations

The Taliban’s harsh restrictions extend beyond women, girls, and the media. LGBTQI individuals in Afghanistan have faced increasing persecution since the Taliban’s return to power. Under Afghanistan’s Penal Code, particularly Article 427, and the Taliban’s strict interpretation of Sharia law, consensual same-sex relations remain illegal and are punishable by death. The Taliban’s enforcement of these laws has resulted in brutal consequences for LGBTI Afghans. According to Human Rights Watch, the Taliban’s extreme interpretations of Islamic law have exacerbated these threats, leaving many LGBTQI individuals without protection or safe avenues to seek refuge.

Organizations call for action

In response to these severe human rights violations, a coalition of 90 Afghan and international rights groups, including Human Rights Watch, renewed its appeal for accountability in Afghanistan. The coalition urges the UN Human Rights Council to establish an independent international mechanism with the following mandate:

• Investigate all allegations of past and ongoing violations and abuses of international human rights law, international humanitarian law, and international crimes, including the crime against humanity of gender persecution.
• Collect, consolidate, and analyze evidence, and prepare files on past and ongoing violations and abuses, including crimes under international law. This should involve a detailed consideration of gender, child, and minority dimensions, and systematic recording and preservation of all relevant information, documentation, and evidence, particularly concerning crimes against women and girls.
• Identify, where possible, individuals and entities responsible for these violations to ensure accountability.
• Be provided with sufficient financial and technical resources. The mechanism should be staffed with independent international experts in international human rights law, international humanitarian law, international criminal law, armed conflict dynamics, sexual and gender-based violence, children’s rights, disability rights, video and image verification, and forensic analysis.
• Cooperate with existing international judicial mechanisms, such as the International Criminal Court (ICC), and national courts.
• Make recommendations to UN entities and bodies, including the UN Security Council and UN General Assembly, and to UN member states, to end impunity and ensure accountability, particularly regarding access to justice for victims.

“The UN Human Rights Council should create an independent accountability mechanism to uphold the rights of Afghans to justice and reparations for the abuses they have suffered for decades without redress,” said Fereshta Abbasi, Afghanistan researcher at Human Rights Watch. “The Taliban have systematically violated fundamental rights in Afghanistan with impunity. The UN Human Rights Council should create a dedicated mechanism to collect and preserve evidence of abuses and support accountability efforts, as has been done in many other situations.” Establishing such a mechanism is crucial to advancing justice and accountability in Afghanistan and ensuring that those responsible for these grave abuses are held accountable.