The Special Representative of the Secretary-General and Head of the United Nations Assistance Mission in Afghanistan (UNAMA), Roza Otunbayeva, warned Sunday that the Taliban’s “Law on Promoting Virtue and Preventing Vice” imposes severe restrictions on the rights of Afghans. Otunbayeva noted that the 35-article law, which includes harsh measures such as a ban on women’s voices and uncovered faces in public, presents a “distressing vision for Afghanistan’s future”. Thus, she emphasized that the law grants moral inspectors broad discretionary powers to threaten and arrest individuals based on vague and often overly general offenses.
Article 13 of the law in question imposes strict limitations on women’s rights, requiring them to wear full-body coverings and categorizing their voices as “awrah” (intimate parts) when amplified through loudspeakers or in chants. It mandates that women fully conceal their bodies and faces in public, justified by the “fear of temptation.” The law further prohibits any exchange of looks between unrelated men and women. Otunbayeva remarked that this adds to the already unbearable restrictions placed on Afghan women and girls, with even the sound of their voices outside the home now seemingly considered a moral transgression.
The law empowers Taliban Muhtaseebs (morality police) to enforce its provisions, granting them authority to investigate private matters, such as extramarital affairs (Article 22). Violations can lead to severe penalties, including confiscation of property and imprisonment (Article 24). Alongside its oppressive regulations on women the law imposes strict rules on men’s appearance, prohibiting short or tight clothing and mandating that beards be at least “fist-length” (Article 14).
Additionally, it bans cultural celebrations like Nowruz and Yalda Night (Clause 21, Article 22). The Muhtaseebs are further authorized to oversee many aspects of public life, extending their control to media censorship, business practices, and even personal electronic devices (Article 17, Clause 9, Article 22). They are tasked with preventing the storage of photos or videos of living beings on phones and computers (Clause 9, Article 22). Nonetheless, while mainly restrictive, Otunbayeva pointed out that the law includes two positive aspects: outlawing the mistreatment of orphans and prohibiting bacha bazi, a practice of sexually abusing young boys.
In light of the above, Otunbayeva stated:
After decades of war and in the midst of a severe humanitarian crisis, the Afghan people deserve much better than to be threatened or imprisoned for being late for prayers, for glancing at someone of the opposite sex who is not a family member, or for possessing a photograph of a loved one.
Human Rights Watch has described the Taliban’s policies as “comprehensive” in that they prevent women and girls from exercising basic rights, including freedom of assembly, movement, work, and education. These restrictions also undermine access to basic services such as health care, food, and water. The UN Special Rapporteur on Human Rights in Afghanistan has concluded that the widespread discrimination against women and girls “constitutes gender persecution and an institutionalized framework of gender apartheid”.
Despite international criticism, Taliban supreme leader Hibatullah Akhundzada claimed last year that Afghan women were living “comfortable and prosperous” lives. However, the UN has stated that official recognition of the Taliban as Afghanistan’s legitimate rulers remains nearly impossible while restrictions on women and girls persist.
In her statement, Otunbayeva urged the Taliban to reverse policies that restrict the rights of women and girls and stressed that Afghanistan remains a party to seven core international human rights instruments.
Otunbayeva will brief the UN Security Council on the situation on September 18.
