30 August 2024, GENEVA – UN human rights experts* voiced profound concern today over the Taliban’s recent enactment of the “Law on the Promotion of Virtue and Prevention of Vice,” signalling further serious regression in human rights in Afghanistan and an escalation of the group’s oppressive regime, highly reminiscent of their rule in the 1990s.
The new law deepens the Taliban’s already oppressive grip on the lives of Afghans. It reinforces and expands existing discriminatory policies, such as mandatory dress codes, the requirement for women to have a male guardian (mahram), and the segregation of men and women in public spaces.
“The law also introduces new, even more, repressive measures. Women can be punished for singing or speaking outside their homes, while men and boys are subject to rigid rules on their appearance,” the experts said.
The law further criminalises and persecutes LGBTQ+ people and restricts the rights of religious minorities, including by forbidding “non-Islamic” ceremonies and prohibiting association with or assistance to “non-believers”.
“These measures are disturbingly similar to the Taliban’s draconian rule in the 1990s and provide further evidence that the group has not moderated its approach since its return to power”.
The law also imposes severe restrictions on freedom of expression, including bans on publishing content deemed contrary to their understanding of Sharia. These restrictions further curtail press freedom and place journalists at even greater risk, stifling independent reporting, and severely limiting the flow of information both within and outside Afghanistan.
Empowered by the new law, the Taliban’s morality inspectors have extensive authority to arbitrarily detain and punish individuals, including physically, for so-called moral crimes, based on suspicion, without any requirement for evidence or due process, with ordinary citizens encouraged to report transgressions. Not only does the law authorize inspectors to enter people’s homes, a major interference with the right to privacy, it will exacerbate an already pervasive climate of fear and surveillance across Afghan society.
“The law institutionalises a system of discrimination and oppression amounting to crimes against humanity, including gender persecution,” the experts said.
The international community continues to call for full compliance with Afghanistan’s international human rights obligations and accountability for ongoing violations, with some members calling for the codification of gender apartheid.
The experts urged all international actors, and in particular UN Member States, to develop a robust, principled, and coordinated strategy on Afghanistan which places human rights, including women’s human rights and gender equality, at the centre. They warned that engagement without such a strategy will only reinforce the Taliban’s impunity and embolden further abuses.
“The continued failure to end these violations wrongly suggests that the fundamental rights of Afghan women and girls are negotiable, particularly their rights to equality, security, and dignity. It also seriously undermines the prospects of a stable, inclusive, and prosperous Afghanistan.”
*The experts: Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan; Laura Nyirinkindi (Chair), Claudia Flores (Vice-Chair), Dorothy Estrada Tanck, Ivana Krstić, and Haina Lu, Working group on discrimination against women and girls; Ana Peláez Narváez, Chair of the Committee on the Elimination of Discrimination against Women; Graeme Reid, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity; Nazila Ghanea, Special Rapporteur on freedom of religion or belief; Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences, Farida Shaheed, Special Rapporteur on the right to education; Alexandra Xanthaki, Special Rapporteur in the field of cultural rights, Irene Khan, Special Rapporteur on the right to freedom of opinion and expression.
Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organization and serve in their individual capacity.
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