34/41 The situation of human rights in Afghanistan and technical assistance achievements in the field of human rights - Report of the United Nations High Commissioner for Human Rights

GE.17-00443(E)



Human Rights Council Thirty-fourth session

27 February-24 March 2017

Agenda items 2 and 10

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Technical assistance and capacity-building

The situation of human rights in Afghanistan and technical assistance achievements in the field of human rights

Report of the United Nations High Commissioner for Human Rights

Summary

The present report is being submitted pursuant to Human Rights Council

decision 2/113 and resolution 14/15. It describes the human rights situation in

Afghanistan from January to November 2016 and provides an overview of the core

work and technical assistance conducted by the Human Rights Unit of the United

Nations Assistance Mission in Afghanistan in cooperation with the Office of the United

Nations High Commissioner for Human Rights.

The report focuses on the five principal areas of work of the Unit, namely:

protection of civilians in armed conflict; human rights and the protection of children in

armed conflict; the elimination of violence against women, increasing women’s

participation in peacebuilding and security, and gender equality; the prevention of

torture and arbitrary detention; and the integration of human rights into peace and

reconciliation processes.

The report concludes with concrete recommendations to the Government, anti-

government elements and the international community.

United Nations A/HRC/34/41

Contents

Page

I. Introduction ................................................................................................................................... 3

II. Context .......................................................................................................................................... 3

III. Protection of civilians.................................................................................................................... 3

A. Anti-government elements .................................................................................................... 5

B. Pro-government elements ..................................................................................................... 6

IV. Children and armed conflict .......................................................................................................... 6

V. Protection from arbitrary detention and respect for fair trial rights ............................................... 9

VI. Question of the death penalty ........................................................................................................ 9

VII. Violence against women and promotion of women’s rights ......................................................... 10

VIII. Peace and reconciliation, including accountability and transitional justice .................................. 12

IX. Safety of journalists and media workers ....................................................................................... 13

X. Cooperation with United Nations human rights mechanisms ....................................................... 15

XI. Conclusion .................................................................................................................................... 15

XII. Recommendations ......................................................................................................................... 16

I. Introduction

1. The present report is being submitted pursuant to Human Rights Council decision

2/113 and resolution 14/15. It covers the period from January to November 2016 and has

been prepared in cooperation with the United Nations Assistance Mission in Afghanistan

(UNAMA).

2. The report focuses on the five principal areas of work of the UNAMA Human

Rights Unit, namely: protection of civilians in armed conflict; human rights and the

protection of children in armed conflict; the elimination of violence against women,

increasing women’s participation in peacebuilding and security, and gender equality; the

prevention of torture and arbitrary detention; and the integration of human rights into peace

and reconciliation processes.

3. The Office of the United Nations High Commissioner for Human Rights (OHCHR)

continued to provide support to the human rights mandate of UNAMA, and the Director of

the UNAMA Human Rights Unit represents the United Nations High Commissioner for

Human Rights in Afghanistan.

II. Context

4. In 2016, the political and security situations remained fragile. Fighting intensified

during the second quarter of the year and continued at high levels for the remainder of the

reporting period. The Government of Afghanistan and its international partners attempted

to reverse the gains made by the Taliban and other anti-government elements. Civilian

casualties from conflict-related violence remained high. Planned reductions in foreign force

levels were adjusted to retain a greater presence than originally envisioned. In July, the

North Atlantic Treaty Organization (NATO) announced continued support for Resolute

Support Mission beyond 2016, with force contributions and donations to forces of the

Government of Afghanistan.1

5. On 29 September, the Government of Afghanistan and Hizb-i Islami Gulbuddin

signed a peace agreement. On 4 and 5 October, at an international donor conference in

Brussels, €13.6 billion were pledged for development assistance in 2017-2020, but little to

no reference was made to human rights.

III. Protection of civilians

6. Civilians continued to suffer from the consequences of the armed conflict. The

increasing number of offensives by anti-government elements, including the Taliban,

against government-controlled population centres, combined with the expansion of newly

emerging armed opposition groups and indications of resurgent pro-government armed

groups in parts of the country, further complicated efforts to protect civilians.

7. From January to November 2016, civilian casualties from conflict-related violence

increased by 1 per cent over the same period in 2015. While overall civilian casualties

remained comparable to the high levels recorded in 2015, child casualties increased by 20

per cent and women casualties decreased by 8 per cent.

1 See www.nato.int/cps/en/natohq/official_texts_133171.htm?selectedLocale=en.

8. During the reporting period, UNAMA/OHCHR documented 10,533 civilian deaths

and injuries of men, women and children. UNAMA/OHCHR attributed 62 per cent of that

total to anti-government elements and 24 per cent to pro-government elements comprised

of the Afghan National Defence and Security Forces, pro-government armed groups and

international military forces; 10 per cent resulted from ground engagements between pro-

government forces and anti-government elements but could not be attributed to a specific

party to the conflict; and the remaining 4 per cent resulted mainly from explosive remnants

of war that could not be attributed to any party.

9. UNAMA/OHCHR recorded decreases in civilian casualties from targeted and

deliberate killings and from improvised explosive devices. However, civilian casualties

caused by explosive remnants of war increased by 76 per cent, while those resulting from

air strikes increased by 86 per cent. As in 2015, UNAMA/OHCHR documented a decrease

in civilian casualties in all regions except the central, southern, northern and western

regions.

10. On 3 October, in the north-east, the Taliban launched an attack on Kunduz,

capturing a significant part of the city and sparking nearly two weeks of urban fighting that

continued until 12 October, when Government forces announced they had regained control

of the entire city. UNAMA/OHCHR verified that, between 3 and 12 October, 52 civilian

men, women and children were killed or injured, and it has continued to investigate

allegations of an additional 99 civilian casualties. The majority of the casualties resulted

from ground fighting between Taliban fighters and Afghan security forces. In other areas,

attacks by anti-government elements on territories under government control persisted, with

the attempted takeover of the capitals of Farah, Helmand and Uruzgan provinces. Civilian

casualties and the displacement of populations were recorded in each of those locations.

11. In 2016, UNAMA/OHCHR documented an overall 10 per cent increase countrywide

in the number of civilian casualties resulting from complex and suicide attacks, mainly

attributed to several large attacks in Kabul, where civilian casualties resulting from such

tactics increased by 77 per cent.

12. Islamic State in Iraq and the Levant (ISIL/Da’esh) — Khorasan Province2 claimed

responsibility for a suicide attack against a peaceful demonstration by civilians belonging to

the Hazara community held in Kabul on 23 July. During the attack, 85 civilians were killed

and 413 injured. It was the deadliest single incident recorded by UNAMA/OHCHR since

2009, when UNAMA first began recording civilian casualties. Moreover, it was one of four

attacks against the Shia minority during the reporting period.3

13. In 2016, UNAMA/OHCHR released three public reports on the situation of

civilians, highlighting civilian deaths and injuries, analysing key trends and making

recommendations to all parties to the conflict.4

2 All factions of the self-identified “Islamic State” are commonly referred to in Afghanistan as

“Da’esh”, after the Arabic acronym.

3 The other incidents are outlined in sect. III. A.

4 See https://unama.unmissions.org/sites/default/files/poc_annual_report_2015_final_14_feb_2016.pdf,

https://unama.unmissions.org/sites/default/files/protection_of_civilians_in_armed_conflict_midyear

_report_2016_final_rev.1-9sept.pdf,

https://unama.unmissions.org/sites/default/files/19_october_2016_-

_un_chief_in_afghanistan_renews_call_for_parties_to_protect_civilians_english.pdf and

https://unama.unmissions.org/sites/default/files/23_july_suicide_attack_against_peaceful_demonstrati

on_-_18_oct_2016.pdf.

A. Anti-government elements

14. Between January and November 2016, UNAMA/OHCHR attributed 62 per cent of

the total number of civilian casualties, namely 6,496 civilians (1,958 of whom died and

4,538 of whom were injured), to anti-government elements. The term “anti-government

elements” is used to refer to a wide range of armed groups, including the Taliban, Da’esh

and Hizb-i Islami. That figure represents a 1 per cent decrease in total civilian casualties

attributed to such groups compared with the same period in 2015.

15. Although improvised explosive devices remained the second leading cause of

civilian casualties, UNAMA/OHCHR documented a 13 per cent decrease in civilian

casualties from such devices (a similar decrease was recorded in 2015), with 1,984 civilians

dying or suffering injuries. Improvised explosive devices accounted for 19 per cent of all

civilian casualties, while complex and suicide attacks and improvised explosive devices

together accounted for 37 per cent of the total. The Taliban claimed responsibility for a

complex attack against the VIP Security Directorate in Kabul on 19 April 2016, when the

detonation of a truck laden with heavy explosives killed 56 civilians and injured 337 others.

On 20 June, anti-government elements detonated a remote-controlled improvised explosive

device in a market area in the Kishem district of Badakhshan Province, killing 12 civilians

and injuring 36 others. No group claimed responsibility for the attack.

16. Anti-government elements continued targeting civilians who worked for or were

perceived to support government and international military forces. During the reporting

period, UNAMA/OHCHR recorded 1,078 deaths and injuries resulting from targeted and

deliberate attacks on civilians — a 21 per cent decrease compared with the same period in

2015. On 5 March, in Kandahar city, anti-government elements shot and killed a custodian

in front of the mosque where he worked. The Taliban claimed responsibility for the

incident, alleging that the victim was working with the intelligence services.

17. UNAMA/OHCHR documented a 27 per cent increase in civilian casualties related

to attacks by anti-government elements against religious figures and places of worship in

the first 10 months of 2016 compared with the same period in 2015. In total, 290 deaths and

injuries related to such incidents were recorded in 2016, with the majority resulting from

targeted killings.

18. UNAMA/OHCHR documented two attacks against Shia worshippers gathered to

mark the Muslim day of remembrance, Ashura. On 11 October, a suicide attacker wearing

an Afghan National Police uniform fired indiscriminately at worshippers at the Karte

Shakhi Shia shrine and mosque in Kabul, killing 19 people, including 4 women and 2

children, and injuring another 60, including 25 women and 4 children. The number of

casualties could have been higher had Afghan security forces not shot the attacker dead

before he could detonate his suicide vest. Da’esh claimed responsibility for the incident. On

12 October, a remote-controlled improvised explosive device was detonated at the entrance

of a mosque in the Balkh district of Balkh Province, killing 18 civilians (11 men and 7

children) and injuring 67 others (31 men and 36 children). UNAMA/OHCHR documented

two further incidents targeting Shia Muslims. On 21 November, a suicide attacker

detonated a body-borne-improvised explosive device at a mosque in Kabul, killing 40 male

civilians and injuring 74 other males. Da’esh claimed responsibility for the attack. On 22

November, anti-government elements detonated a remote-controlled improvised explosive

device at the Razaiya mosque in Herat city, injuring four male worshippers. No group

claimed responsibility for that act.

19. Furthermore, UNAMA/OHCHR documented numerous instances of abductions of

civilians from the Hazara community by anti-government elements. Discriminatory intent

based on ethnicity or religion was not reported as one of the motives for such acts as

holding hostages for ransom or exchanging detainees; among the reported motives for such

acts were suspicion of support to the Government or of membership in the Afghan National

Defence and Security Forces. Between 1 and 17 June, anti-government elements in a

Taliban-controlled area of the Sancharak district, Sari Pul Province, abducted 22 civilians

of Hazara ethnicity, including 3 women and 1 child. On 29 August, anti-government

elements abducted five Hazara men in the Chora district of Uruzgan Province; all five were

eventually released following the intervention of local tribal elders.

B. Pro-government elements

20. During the reporting period, UNAMA/OHCHR attributed 2,493 civilian deaths and

injuries to pro-government forces, which represents a 44 per cent increase compared with

2015. The rise resulted from an increase in offensive operations and counter-attacks by the

Afghan National Defence and Security Forces against anti-government elements in or

around civilian-populated areas. In a continuation of the trend documented in 2015, 47 per

cent of civilian casualties caused by pro-government forces during the reporting period

resulted from the use of explosive weapons, mainly mortars, rockets and grenades. On 3

November, Afghan National Defence and Security Forces fired mortar rounds targeting a

Taliban position in Khwaja Sabz Posh district, Faryab Province. One of the rounds landed

in a civilian compound where a wedding party was taking place, killing 12 civilians,

including 6 girls and 4 boys, and injuring 13 others, including 10 girls.

21. UNAMA/OHCHR documented an 86 per cent rise in civilian casualties from air

strikes by pro-government forces compared with the same period in 2015. Such incidents

caused 548 civilian deaths and injuries, equal to 5 per cent of all civilian casualties. Air

strikes by the Afghan air force caused the majority of such casualties (218). On 27 October,

the Afghan National Army conducted an air strike targeting Taliban fighters in Dehrawud

district, Uruzgan Province, killing four civilians. On 2 November, international military

forces carried out an air strike against the Taliban in Kunduz city that killed 32 civilians

and injured 36 others, mostly women and children.

22. On 26 January 2016, responsibility for the Civilian Casualty Avoidance and

Mitigation Board was transferred from NATO to the Government of Afghanistan.

UNAMA/OHCHR encouraged the Government to ensure that the Afghan-led Board

functioned as a focused, operational mechanism to identify areas for improving civilian

casualty mitigation efforts and welcomed support from the international community to

strengthen it. The Board drafted a national policy on civilian casualty mitigation and

established a working group to draft an action plan for implementing it. The first meeting of

the working group was held on 2 October. UNAMA is a member of the working group and

provides technical support on international law and practices.

23. UNAMA/OHCHR also welcomed initiatives by the Government to mitigate civilian

casualties. In particular, in 2016, the Government approved the above-mentioned national

policy on civilian casualty mitigation. It further established a senior-level working group

designed to facilitate a policy-driven dialogue on existing protection-of-civilians concerns

and to support the implementation of improved practices to reduce civilian casualties. The

Chief Executive of the National Unity Government chairs the working group, which first

met on 30 June 2016.

IV. Children and armed conflict

24. From January to November 2016, the country task force on monitoring and

reporting on children and armed conflict verified 1,501 incidents of killing and maiming

(from 1,754 reported incidents), which represents a 23 per cent increase compared with the

same period in 2015. The task force verified that at least 820 boys and girls had been killed

and 2,344 boys and girls had been injured. On average, more than 66 children were killed

or injured each week, compared with 55 in 2015.

25. In 2016, ground engagements accounted for more than 50 per cent of child

casualties, with 1,602 boys and girls killed or injured. Explosive remnants of war were the

second leading cause of child deaths and injuries, for a total of 531 casualties, and

improvised explosive devices followed, causing 509 child casualties. Air strikes killed and

injured 183 children, compared with 59 in 2015. On 25 July, in Achin district, Nangarhar

Province, international military forces conducted an aerial attack against a Da’esh post

inside a residential area. One of the rounds fired missed the target and struck a nearby

residence, killing four civilians, including one girl.

26. Targeted killings resulted in 138 child casualties and suicide attacks by anti-

government elements caused 129 child casualties, with the highest numbers recorded in the

central region with 70 child casualties. The mission recorded 72 incidents involving

children, mainly threats, intimidation and abductions.

27. Anti-government elements perpetrated 42 per cent of all verified child casualties; 32

per cent were committed by pro-government forces. Another 15 per cent of child casualties

could be attributed to both anti- and pro-government forces, while the remaining 13 per

cent could not be attributed to any party to the conflict.

28. Between January and September 2016, the country task force on monitoring and

reporting verified 61 reports of incidents affecting education and education-related

personnel, which represents a decrease of 53 per cent compared with the same period in

2015. Incidents affecting access to education included deliberate targeting and incidents

that impeded access to education, including burning, improvised explosive device

placement or detonation on school premises, abduction, threats, intimidation and

harassment of education or education-related personnel, and the military use of schools.

The task force attributed 54 incidents to anti-government elements and 5 incidents to pro-

government elements, while 2 other incidents could not be attributed to any party to the

conflict. In addition, the task force documented 15 incidents involving the military use of

schools and of a teacher-training centre. Of those attacks, 12 were attributed to Afghan

National Defence and Security Forces, 2 to the Taliban and 1 to pro-government militias.

29. Between January and September 2016, the country task force on monitoring and

reporting verified 80 reports of attacks, threats and incidents affecting hospitals and health

personnel, of which 70 were attributed to anti-government elements. The incidents occurred

in the context of ground engagement and targeted attacks and included intimidation, threats,

harassment, abduction of health or health-related personnel, search operations and the

military use of health facilities. On 16 April, in the Nazyan district of Nangarhar Province,

Da’esh militants issued written threats to force the staff of the Dwa Khwly Basic Health

Centre to leave, then occupied and looted the facility, taking equipment. The task force also

verified 14 incidents of the military use of health facilities, 9 of which were attributed to

Afghan National Defence and Security Forces, 2 to the Taliban, 2 to undetermined armed

groups and 1 each to the Taliban and the Afghan National Defence and Security Forces.

30. The country task force on monitoring and reporting verified 39 incidents of

underage recruitment, involving 66 boys mainly used for planting improvised explosive

devices, transporting explosives, carrying out suicide attacks and spying. That figure

represents an increase in the number of children used or recruited in comparison with 2015,

when the recruitment and use of 48 children was reported and verified. The task force

attributed the recruitment of 56 boys to anti-government elements and the recruitment of 10

boys to pro-government forces. As an illustration, on 8 July 2016, in the Gardez district of

Paktya Province, anti-government elements recruited a 13-year-old boy from a local

madrassa to conduct a suicide attack. The child was killed when he tried on the suicide vest

in his house.

31. The country task force on monitoring and reporting documented nine incidents of

abduction, involving at least 23 children. Anti-government elements perpetrated six of

those abductions, of which the task force attributed five to the Taliban. The Afghan

National Defence and Security Forces perpetrated the remaining incident, on 19 September

2016, in the Alishing district of Laghman Province, when seven children between 7 and 16

years of age and a logistics officer from Shamsakhail School were abducted in response to

the abduction of an Afghan National Army soldier by the Taliban. Community elders

intervened and negotiated the release of all the abductees.

32. The country task force on monitoring and reporting verified three incidents of rape

and sexual violence against four boys and one girl, of which two were perpetrated by the

local police and one by the Taliban.

33. Anti-government elements continued to deny humanitarian access to areas under

their control. The country task force on monitoring and reporting verified 70 such incidents,

which represents a 19 per cent decrease compared with 2015, when 86 such incidents were

verified. Incidents included abduction, intimidation, killing and injury of humanitarian staff

(mostly deminers), denial of access to providers of vaccines and damage to facilities run by

humanitarian organizations. The task force attributed 94 per cent of those incidents to anti-

government elements.

34. On 18 April, UNAMA/OHCHR, in conjunction with the United Nations Children’s

Fund (UNICEF), released Education and Healthcare at Risk: Key Trends and Incidents

Affecting Children’s Access to Healthcare and Education in Afghanistan. 5 The report

documents how, between January 2013 and December 2015, conflict-related violence,

combined with threats and intimidation by all parties to the conflict, harmed health and

education personnel, reduced the availability of health care and limited children’s access to

essential health services and education.

35. The country task force on monitoring and reporting noted significant progress from

the Ministry of the Interior with regard to the expansion of child protection units in Afghan

National Police recruitment centres. Between January and November 2016, the Afghan

National Police inaugurated 12 additional child protection units, bringing the total number

of such units in the country to 17.

36. On 18 June 2016, the Ministry of the Interior published a directive prohibiting the

exposure in the media of children arrested on national security charges. On 4 June and 4

July respectively, the Ministry of Education issued two directives to all security-related

ministries highlighting the commitment of Afghanistan to the Safe Schools Declaration and

calling on the security forces to stop using schools for military purposes. On 2 July, the

National Directorate for Security issued a directive prohibiting children from being held in

its detention facilities and from being transferred to adult prisons.

37. On 3 September 2016, in coordination with the Afghanistan Independent Human

Rights Commission and the Herat Department of Information and Culture, UNAMA hosted

a film festival on the effects of armed conflict on children. Thirty-two entries were

submitted, including by women and members of disabled communities in Herat and

Badghis provinces. A 16-year-old female student from Herat Province directed and

produced the winning film.

5 See https://unama.unmissions.org/sites/default/files/education_and_healthcare_at_risk.pdf.

V. Protection from arbitrary detention and respect for fair trial rights

38. The treatment of conflict-related detainees remained of major concern during the

reporting period. Based on interviews with several hundred conflict-related detainees,

including juveniles held by the National Directorate of Security, the Afghan National Police

and the Afghan National Army in 26 provinces, UNAMA found that the detainees had

experienced torture or ill-treatment at levels exceeding those documented in its 2015 public

report.6 In most cases, the authorities used torture and ill-treatment to extract a confession.

While the majority of documented cases related to incidents allegedly carried out in

National Directorate of Security facilities, UNAMA also noted a significant increase in the

use of torture and ill-treatment by the Afghan National Police. Since December 2015, the

Government has made little tangible progress in meeting its commitments under the 2015

national plan on the elimination of torture. Notably, accountability persists for alleged

perpetrators of torture and ill-treatment.

39. At the time of writing, the Ministry of Justice was finalizing the draft of a new anti-

torture law, providing an opportunity to align the definition of torture with the international

human rights obligations of Afghanistan. Despite the public commitments that the President

has made since June 2015, the Government has yet to ratify the Optional Protocol to the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment.

40. The United Nations High Commissioner for Human Rights notes with concern the

increasing restrictions placed by the Government on access by UNAMA human rights staff

members to detention facilities, to monitor the treatment of conflict-related detainees. In

September and October 2016, the Central Prisons Directorate of the Ministry of the Interior

suspended the authorization for UNAMA to access its facilities to interview detainees. In

addition, since mid-August 2016, UNAMA has been formally denied access to interview

prisoners on death row.

41. In mid-2016, the National Assembly rejected article 10 of Presidential Decree 76,

which had provided for the preventive detention, in a “special facility”, of individuals

suspected of posing an actual or potential threat to national security. Other problematic

articles of the decree remain in force, however, including those which extend to 60 days the

time limit before which those arrested for crimes against national security must be brought

before a judge.

VI. Question of the death penalty

42. On 8 May 2016, six convicted prisoners previously sentenced to death for crimes

under national security laws were executed. UNAMA/OHCHR continued to advocate for

respect of the fair trial guarantees provided for in the Constitution, the Criminal Procedure

Code and the International Covenant on Civil and Political Rights, particularly given

ongoing concerns over the torture and ill-treatment of detainees. OHCHR also urged the

President of Afghanistan to refrain from approving death sentences, to introduce an

immediate official moratorium on the use of the death penalty and to expedite legal reform,

including of the Penal Code and the Criminal Procedure Code, to allow death sentences to

be commuted to life imprisonment.

6 See http://unama.unmissions.org/sites/default/files/unama_detention_report_2015_revised.pdf.

VII. Violence against women and promotion of women’s rights

43. The Government continued its efforts to address violence against women and girls.

On 31 January 2016, the President inaugurated a fund specifically for sponsoring

emergency services, such as medical treatment and temporary accommodation, for women

survivors of life-threatening acts of violence. Increased funding is critical to ensuring that

the fund can offer appropriate support to all those in need. On 11 June, the Government

approved the 2016-2020 strategy and action plan on the elimination of violence against

women, which, at the time of writing, were yet to be disseminated.

44. The prevalence of violence against women and harmful practices remained of

serious concern. From January to November 2016, UNAMA/OHCHR documented 10

punishments that were handed down by a parallel justice system run by anti-government

elements to women accused of so-called moral crimes (such as sexual intercourse outside of

marriage and prostitution). The judgments resulted in the execution of four women and the

lashing of five women, in several provinces. In addition, attempts by anti-government

elements to implement a sentence of stoning against a woman in Takhar Province in June

were averted following a negotiation by elders. The imposition of the death sentence and

corporal punishment on women and girls for perceived moral offences mostly took place in

areas under Taliban control or influence. Such practices violate the Constitution, constitute

criminal acts under domestic law and amount to human rights abuses.

45. From January to November 2016, UNAMA/OHCHR documented 605 alleged cases

of violence against women, including murders, forced immolation, honour killings, rapes,

battery and laceration, and forced marriages. In 118 of those cases, the victims were

minors. While the majority of cases were still pending, at least 86 cases, mostly involving

battery and laceration, had been the subject of mediation by the competent institutions (57),

traditional justice mechanisms (21) or non-governmental organizations (8), in accordance

with article 39 of the 2009 law on the elimination of violence against women. Focus group

discussions carried out by UNAMA at the grass-roots level with 686 women and 126

mediators on their experiences of mediating cases of violence revealed the need to

standardize the approach and oversight mechanisms to ensure the protection of the rights of

women survivors.

46. UNAMA/OHCHR continued to advocate for prevention and response efforts to be

based on human rights. However, law enforcement officials admitted to UNAMA/OHCHR

that they were unable to investigate incidents of violence against women and to apprehend

alleged perpetrators in areas under the control of anti-government elements. As a result, the

conflict has contributed to a culture of impunity whereby victims are denied the right to

effective remedies, including gender-sensitive reparations. The situation has further eroded

the already weak public trust in the ability of the authorities to enforce the rule of law,

particularly with respect to acts of violence against women.

47. The Government continued its work on revising the Penal Code with the aim of

submitting the entire revised law to the National Assembly by December 2016.

UNAMA/OHCHR worked closely with the United Nations and civil society in advocating

for the integration of international human rights norms into efforts aimed at increasing the

protection of women from violence.

48. Despite some progress, women continued to face severe obstacles in participating in

political, economic and social life owing to several factors, such as widespread violence,

explicit restrictions imposed by anti-government elements and the existence of deep-rooted

discriminatory social norms that discourage women from exercising their rights. Those

social barriers deter women from taking jobs entailing close interaction with men. Threats

and attacks targeting women in prominent positions continued in 2016. Among other

incidents, the Head of the Department of Women’s Affairs in the city of Ghazni was

attacked by unknown assailants on 26 July 2016.

49. Harassment of women in the workplace, including sexual harassment, remained of

concern. Pursuant to the 2015 regulation on the elimination of harassment against women,

committees have been established in several provinces to prevent and respond to incidents

of harassment. UNAMA/OHCHR was instrumental in advocating for the prompt

establishment of such committees and disseminating their terms of reference. On 9

November, the Wolesi Jirga (the lower house of parliament) approved a law on the

elimination of harassment against women and girls.

50. At the end of October 2016, women’s presence in the Afghan National Police

increased to 2,880, equal to only approximately 1.8 per cent of the total force.

Consultations carried out by UNAMA/OHCHR in June 2016 with 314 women police

officers and Afghan National Police officials in 19 of the country’s 34 provinces revealed

that measures taken by the Ministry of the Interior to integrate women into the Afghan

National Police had produced observable progress in the professionalization and

empowerment of women police officers. Concerns remain, however, regarding their

protection, particularly their harassment in the workplace, and regarding the

implementation of gender policies at the district level. UNAMA/OHCHR shared the

findings of that consultation and related recommendations with the Government and

donors.

51. On 11 July 2016, the Ministry of the Interior established a complaint mechanism to

prevent and respond to sexual harassment against women police officers.

UNAMA/OHCHR were among the four international organizations asked to provide

technical support to the mechanism, which was due to hold its first meeting before the end

of 2016.

52. The Government stepped up efforts to ensure women’s representation in the public

sphere. Notably, the election law that was approved on 22 August 2016 and published on

25 September contains temporary special measures, such as reserving at least 25 per cent of

seats for women representatives in the provincial, district and village councils. However,

numerous obstacles continue to hamper women’s entry and increased representation in

Government institutions.7

53. On 3 February 2016, the Government identified the former governor of Bamyan

Province and current adviser to the Chief Executive on women’s rights, Dr. Habiba Sarabi,

as the person to represent women in the negotiating team for future peace talks. She was

also appointed, on 21 February 2016, as one of six deputies to the new head of the High

Peace Council.8 In addition, joining four male advisers, two women — the director of the

Afghan Women’s Network and a presidentially appointed Senator — were asked to play an

advisory role to the Council. The Afghanistan peace and reconciliation strategy envisions a

30 per cent participation by women in the Council at both the central and local levels.

UNAMA/OHCHR provided technical support to the female member of the Council on

strategies aimed at achieving an inclusive peace process based on women’s meaningful

participation, including through the integration of women’s voices, experiences and

recommendations.

7 Afghanistan, Ministry of Women’s Affairs, “Workplace obstacles: analysis and recommendations”,

(2016).

8 The Afghanistan High Peace Council is part of the Afghanistan Peace and Reintegration Programme,

established on 5 September 2010 by former President Hamid Karzai to promote peace in Afghanistan.

54. The Government also developed plans to implement, monitor and evaluate the

national plan on Security Council resolution 1325 (2000) on women and peace and

security, the funding of which remained under discussion. Swift implementation is of

paramount importance for ensuring women’s effective participation in building sustainable

peace and security.

55. Throughout the year, UNAMA/OHCHR conducted promotional activities to raise

public awareness of women’s rights. In cooperation with national institutions and civil

society, UNAMA/OHCHR reached over 1,000 Afghans in Herat, Farah, Zabul, Balkh,

Baghlan and Khost provinces through presentations, round tables and debates on women’s

rights. In October and November 2016, UNAMA/OHCHR trained 447 members of

“policewomen councils” working in 16 provinces, including at the district level, on human

rights and domestic legal frameworks protecting women from violence.

56. On 26 October 2016, in Kabul, the United Nations chaired the annual global open

day event on Security Council resolution 1325 (2000) under the theme “Women and violent

extremism in Afghanistan”, alongside 13 regional open day events held across the country

between September and November. More than 400 participants, over half of whom were

women from civil society, recognized women’s crucial role in fostering a peaceful society

and challenging radical ideologies to prevent members of their communities and families

from becoming violent extremists.

57. UNAMA/OHCHR contributed to the holding of the fourth edition of the

international women’s film festival, held in Kabul from 19 to 22 October 2016. The festival

promoted greater public awareness of the status of women and girls in Afghanistan and

worldwide through film screenings and debates.

VIII. Peace and reconciliation, including accountability and transitional justice

58. On 22 September 2016, the Government signed a peace agreement with the armed

group Hizb-i Islami led by Gulbuddin Hekmatyar. Under the terms of the agreement, Hizb-i

Islami is obliged to dissolve its military and paramilitary structures, to ensure a permanent

ceasefire and to recognize and implement the Constitution. The United Nations High

Commissioner for Human Rights has noted with concern, however, that the agreement

provided immunity for the leadership and members of the organization with regard to past

political and military actions. In addition, the agreement provides for the integration of

Hizb-i Islami fighters into the Afghan security forces without a vetting process for

determining their possible involvement in past violations. The High Commissioner has

reminded the Government of its obligations under international law, which prohibits

blanket amnesties preventing the prosecution of individuals who may be criminally

responsible for serious violations of international human rights law and international

humanitarian law, including war crimes and crimes against humanity. Furthermore, the

High Commissioner has urged the Government to ensure that the rights of victims and their

families are made central to any peace process for, if they are not, peace and reconciliation

will not be sustainable.

59. UNAMA/OHCHR continued to monitor peace and reconciliation efforts and to

encourage the meaningful inclusion of civil society in the peace process. Following the

efforts made by UNAMA/OHCHR in 2015 as part of the Afghan People’s Dialogue on

Peace, which involved the provision of support to civil society through the establishment of

provincial civil society advocacy committees and a national steering committee, in 2016 the

provincial advocacy committees called for the implementation of the recommendations

contained in the provincial road maps for peace, which were based on countrywide

consultations with over 4,500 Afghans. Efforts were made to achieve gender balance during

consultations but the results of those efforts were uneven across the regions. Overall, 67 per

cent of the participants in the consultations were men and 33 per cent were women.

Committee members reported, however, that the deteriorating security situation impeded

their rights to freedom of movement and freedom of expression. Specifically, their access to

many districts and communities was hindered and their ability to advocate freely for

accountability and human rights protection was affected. Acting as the secretariat of the

Afghan People’s Dialogue on Peace, UNAMA/OHCHR provided technical assistance to

the civil society provincial advocacy committees and the national steering committee for

the finalization of the 34 provincial road maps for peace, which have led to progress in

good governance in some provinces and have the potential to pave the way for a sustainable

peace.

60. Furthermore, UNAMA/OHCHR continued to support civil society, to monitor the

situation of human rights defenders, civil society and media workers and to work with the

Government to encourage measures to ensure that civil society space is preserved, protected

and respected. In partnership with the Afghanistan Independent Human Rights

Commission, during 2016 UNAMA/OHCHR conducted 11 capacity-building workshops

across the country that were attended by 203 civil society representatives (both men and

women) on how to engage effectively with international human rights mechanisms. During

the workshops, civil society actors raised concerns about the diverse challenges to their

work, including: the lack of recognition and respect from local authorities; political

interference; decreased funding; threats, intimidation and other forms of abuse by anti-

government elements, warlords and, on occasion, local authorities; and the lack of adequate

protection and redress for such abuses. Moreover, the armed conflict further impeded civil

society access to areas outside major administrative centres and restricted freedom of

movement and freedom of assembly.

61. In addition to those challenges, which disproportionately affected women, women’s

rights activists reported that they were often stigmatized and harassed by members of their

communities, including their own families, for promoting or defending women’s rights.

The space for women’s participation, already limited owing to the traditional norms of a

male-dominated society, has been further restricted by the many obstacles to civil society

activism.

62. UNAMA/OHCHR continued to support the Afghanistan Independent Human Rights

Commission. A key challenge faced by the Commission in 2016 was staff retention, as a

significant number of qualified staff members left to join government offices or seek better-

paid opportunities. In an effort to enhance the capacity of the Commission,

UNAMA/OHCHR invited three Commission staff members to participate in a training

workshop organized together with the International Institute for Criminal Investigations.

The workshop, which was held in Doha from 21 to 25 August, was aimed at developing the

investigation and documentation skills of Afghan human rights monitors dealing with

violations of international human rights law, international humanitarian law and

international crimes.

IX. Safety of journalists and media workers

63. During 2016, parties to the conflict displayed a lack of respect for the rights to

freedom of expression and to receive and impart information. UNAMA/OHCHR noted

with concern that armed conflict, coupled with direct threats and attacks on media workers

and the lack of State protection, not only deterred journalists from exercising fully their

right to seek and disseminate information, but also allegedly often led journalists to censor

themselves in order to avoid reprisals or to relocate to seek safety or protection.

64. In 2016, State actors were alleged to have subjected journalists to beatings, arbitrary

detentions and harassment and obstructed their access to information and reporting. In

particular, UNAMA/OHCHR received allegations of ill-treatment against journalists

attempting to report on security incidents by Afghan security forces, including the National

Directorate of Security. UNAMA/OHCHR are not aware of investigations into such

incidents.

65. Anti-government armed groups subjected journalists to intimidation, deliberate

attacks and killings. In 2016, 12 journalists (9 men and 3 women) were killed. Of that total,

seven were killed by the Taliban because of their association with the media (see para. 66

below), three were unintentionally killed in attacks during assignments in conflict areas and

two were killed in allegedly criminally motivated incidents.

66. The Taliban continued its campaign of threats and intimidation against media

outlets, labelling specific outlets as “military targets”. Following their threat against Tolo

TV in 2015, on 20 January 2016 a suicide attack with a vehicle-borne improvised explosive

device against a shuttle bus operated by the Moby Group (the parent company of Tolo TV)

killed 8 civilians, including 7 Tolo TV staff members, and injured 30 others. The Taliban

claimed responsibility for the attack, stating that it was in retaliation for Tolo TV’s alleged

severe hostility to Islam, for serving as an apparatus and propaganda mechanism of the

United States of America, for disrespecting Kunduz citizens and for making false

accusations of executions, plunders, kidnappings and other abuses.

67. International human rights law and international humanitarian law provide effective

normative protection to journalists and other media professionals in their exercise of the

right to freedom of expression and from threats and attacks. 9 In particular, attacks

deliberately directed at journalists are prohibited under international humanitarian law, as

they are not participants in the hostilities they cover and do not lose their status as civilians.

As such, the deliberate attack on the Moby Group shuttle bus is likely to have constituted a

war crime. UNAMA/OHCHR noted with concern several threatening statements made by

the Taliban against independent media outlets, which were often branded as “puppets

controlled by the invaders”. UNAMA/OHCHR also documented threats and intimidation

perpetrated by anti-government elements, such as Da’esh, against radio stations in

Jalalabad, Nangarhar Province.

68. Many Afghan human rights defenders have reported that the attacks by anti-

government elements, the threats against journalists and human rights defenders and the

increasing insecurity all affected their ability to advocate for human rights and created a

climate of fear, and that the Government provided inadequate support to ensure their safety.

Expanded Taliban armed activities in Farah, Helmand and Kunduz provinces have led to

scores of journalists and civil society actors fleeing those provinces for fear of reprisals.

69. UNAMA/OHCHR therefore welcomes the renewed commitment of the Government

to addressing violence against journalists. On 31 January 2016, the President issued a

decree affirming the commitment of Afghanistan to freedom of expression in the media.

Yet, the decree contains language indicating that the Government might seek to control or

limit journalistic freedom of expression on national security grounds. In line with the

decree, on 8 March a commission was set up to investigate cases of murder and violence

against journalists and media workers since 2001. The commission received information

related to 679 cases, of which 252 have been dismissed either because of the amount of

time that has passed since the incident or because of the inability to access a specific area

owing to insecurity.

9 See A/HRC/24/23.

70. Furthermore, during the Afghanistan-European Union human rights dialogue held in

Kabul on 1 June 2016, the Government committed itself to instructing the Afghan National

Defence and Security Forces to respect freedom of expression and protect human rights

defenders. Subsequently, the Ministry of the Interior and the National Directorate of

Security issued instructions to their personnel on respect for freedom of expression; the

Ministry of Defence, however, has not yet done so. The Government also committed itself

to establishing, by the end of 2016, a mechanism for sharing information among security

ministries on threats against journalists and members of civil society. Although the

Ministry of the Interior has not yet complied, such information-sharing on individual cases

has occurred during the past year.

X. Cooperation with United Nations human rights mechanisms

71. From 11 to 20 November 2016, the Special Rapporteur on the human rights of

internally displaced persons visited Afghanistan with the joint support of the Office for the

Coordination of Humanitarian Affairs, the Office of the United Nations High

Commissioner for Refugees and OHCHR. At the end of his mission, the Special

Rapporteur issued a statement urging national and international actors to demonstrate

consistency in addressing the situation of the hundreds of thousands of people across the

country who were either newly displaced by the conflict or were facing repeated or

protracted displacement. He further called for enhanced support and funding for durable

solutions to the plight of the internally displaced, improved access to a national identity

card and full implementation of the 2014 national policy on internally displaced persons.

XI. Conclusion

72. In 2016, civilians continued to suffer the gravest impact of the conflict.

UNAMA/OHCHR documented the highest levels of civilian casualties since 2009 and

continued to receive reports of violence against women, torture and ill-treatment. Of

particular concern was the alarming spike in child casualties, which rose by a fifth

over 2015.

73. Over the past year, the Government has faced considerable obstacles owing to

the deterioration in the security situation and its need to address concurrent political

and economic issues. Persistent institutional weaknesses in the administration of

justice and the rule of law, combined with a pervasive culture of impunity for

violations and abuses, continued to have an adverse impact on the human rights

situation.

74. Ensuring respect for human rights can only become a reality once perpetrators

are held accountable for human rights violations. Effective accountability for

violations and abuses offers the only path to ending the cycle of violence and impunity

and moving towards national reconciliation and a sustainable peace.

75. Another essential component of a durable solution lies in the active and

inclusive participation of all Afghans, in particular women. As the Government

publically recognized in 2016, the role of women in building a lasting peace is

indispensable. UNAMA/OHCHR will therefore intensify its efforts to work with the

Government, civil society, the international community and other stakeholders in

building a culture of respect for human rights and the protection of civilians.

XII. Recommendations

76. The United Nations High Commissioner for Human Rights recommends that

the actions set out below be taken in response to the foregoing.

77. To the Government of Afghanistan:

(a) Create a climate conducive to respect for human rights through the

expansion and implementation of the legal framework and the strengthening of

institutions in consonance with the reiterated commitment of the nation’s leaders to

guaranteeing human rights;

(b) Implement the national policy on civilian casualty mitigation and finalize

the related action plan, which should include concrete objectives and measures to

prevent casualties in the conduct of hostilities, and foresee the establishment of a

dedicated and specialized entity within the Government to investigate all incidents of

conflict-related harm to civilians, including conflict-related sexual violence;

(c) Build and expand the capacity of the Afghan National Defence and

Security Forces to adequately monitor, identify and prevent cases of underage

recruitment by establishing child protection units in provinces where they are not yet

in place, and address the lack of services and alternatives for children who have been

rejected for recruitment by the Afghan National Defence and Security Forces owing to

their young age or who have been released from active service;

(d) Ensure due process and full protection of the rights of children detained

on allegations of national security-related charges by developing and enforcing

operating procedures and regulations, in line with national and international juvenile

justice standards, and by reviewing the cases of children who have been detained

without trial for prolonged periods of time;

(e) Ensure that appropriate, child-specific provisions and adequate

resources are included in the Afghan Peace and Reconciliation Process;

(f) Ensure that victims of violations have an effective remedy and

strengthen procedures to ensure gender-sensitive and inclusive reparations, including

compensation to families of civilians killed and injured in conflict-related violence, by

raising public awareness of procedures to obtain reparations, with particular

attention to equal and effective access for women and girls;

(g) Increase efforts to prevent, punish and eradicate all forms of violence

against women through the adoption and implementation of legal and policy

frameworks compliant with international human rights standards, strengthen the

capacity of the criminal justice system to ensure accountability and conduct

countrywide campaigns to raise women’s awareness of the remedies available in cases

of violence;

(h) Ensure the swift implementation of the national plan on Security Council

resolution 1325 (2000) by providing dedicated human and financial resources and

accountability mechanisms to track and report on its effective application in an effort

to ensure women’s meaningful participation in all peace and reconciliation processes;

(i) Engage civil society meaningfully in all stages of the implementation of

the Afghanistan Peace and Reconciliation Strategy and protect the space for civil

society actors, in particular women and girls, working on peace and reconciliation

processes and transitional justice initiatives;

(j) Implement a robust vetting process to prevent members of armed groups

involved in serious crimes, such as violations of international humanitarian law and

international human rights law, from being recruited by security or government

institutions as part of any peace settlements, while ensuring that no blanket amnesties

are granted and the rights of victims are respected;

(k) Ensure that impunity for violations committed against journalists and

members of civil society is addressed, that all violations are investigated promptly and

thoroughly and that perpetrators are brought to justice, so that journalists and civil

society actors may enjoy their legitimate rights to freedom of expression and access to

information, without fear of reprisals or attacks;

(l) Establish a de jure moratorium on the death penalty and respect

international standards that provide safeguards guaranteeing protection of the rights

of those facing the death penalty, in particular article 6 of International Covenant on

Civil and Political Rights and the minimum standards set out in the annex to

Economic and Social Council resolution 1984/50, improve the ability of the judiciary

to guarantee fair trials and due process in all criminal proceedings pursuant to article

14 of the Covenant and consider the experiences of other countries that have faced

mass atrocities and violence and that have moved towards the abolition of the death

penalty while seeking justice for victims.

78. To anti-government elements:

(a) Cease the deliberate targeting of civilians, in particular civilian

government officials, journalists, tribal elders, religious leaders, human rights

defenders, judges and prosecutors, and civilian locations, in addition to places of

worship and culture, in recognition of their civilian nature guaranteed under

international humanitarian law;

(b) Issue statements recognizing the important role of civil society actors,

notably human rights defenders and journalists, including women and girls, as well as

their right to freedom of expression and critical opinion, and denouncing attacks

against the media and civil society, acknowledging and respecting their civilian status;

(c) Cease the use of improvised explosive devices, particularly in

indiscriminate and disproportionate complex and suicide attacks, in all areas

frequented by civilians, as well as the use of illegal pressure-plate improvised

explosive devices;

(d) Uphold statements by national leaders regarding the human rights of

women and girls in areas under Taliban influence, especially by ceasing attacks and

threats against girls’ education, teachers and the education sector in general;

(e) Cease firing explosive weapons, particularly mortars, rockets and

grenades, from and into civilian-populated areas.

79. To all parties to the conflict:

(a) Refrain from targeting civilian objects, including schools and hospitals,

and take the measures necessary to cease indiscriminate attacks against civilian

objects;

(b) Facilitate humanitarian access to all people and ensure that human

rights actors are able to monitor and report on attacks affecting civilians and civilian

objects, in accordance with international humanitarian law and international human

rights law;

(c) Ensure accountability for the perpetrators of attacks against civilians

and civilian objects where such attacks amount to violations of international

humanitarian law or international human rights law;

(d) Provide an environment conducive for civil society, human rights

defenders, journalists and media workers, in particular women and girls, to operate

freely, including to promote human rights and the rule of law, without fear of

intimidation, harassment, arrest, detention or any other human rights violation;

(e) Guarantee protection to journalists, civil society actors and human

rights defenders, as civilians under international humanitarian law, and respect their

rights to monitor and report freely on the armed conflict, without fear of attack or

reprisal for their work.

80. To the international community:

(a) Support the Afghan security forces in their efforts to prevent civilian

casualties and protect civilians from the harms of conflict-related violence;

(b) Support government efforts to advance the women, peace and security

agenda, including through the implementation of the national plan on Security

Council resolution 1325 (2000), through technical and support and targeted advocacy;

(c) Advocate with parties to the conflict for women’s effective and

meaningful participation in informal and formal peace negotiations and protection of

their rights through future peace agreements;

(d) Promote a just and inclusive peace process by supporting civil society

actors in their transitional justice efforts and their active participation in peace and

reconciliation processes;

(e) Ensure that the rights of victims and their families and of witnesses are

respected and protected in peace and reconciliation processes and settlements;

(f) Assist the Government of Afghanistan, through resource mobilization, to

implement fully its commitments under the action plan on children in armed conflict.