Human rights in Afghanistan

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Afghanistan

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The situation of Human Rights in Afghanistan is a topic of some controversy and conflict. While the Taliban were well known for numerous human rights abuses, the post-Taliban government often seems unable or unwilling to protect human rights.

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The Bonn Agreement of 2001 established the Independent Afghan Human Rights Commission to investigate human rights abuses and war crimes. The Afghanistan Constitution of 2004 also calls for an Independent Afghan Human Rights Commission. While the ongoing turmoil, violence and reconstruction efforts often make it difficult to get an accurate sense of what is going on, various reports from NGOs have accused various branches of the Afghan government of engaging in human rights violations.

The National Security Directorate, Afghanistan’s national security agency, has been accused of running its own prisons, torturing suspects, and harassing journalists. The security forces of local militias, which also have their own prisons, have been accused of torture and arbitrary killings. Warlords in the north have used property destruction, rape, and murder to discourage displaced Pashtuns from reclaiming their homes. Child labor and human trafficking remain common outside Kabul. Civilians frequently have been killed in battles between warlord forces. Poor conditions in the overcrowded prisons have contributed to illness and death among prisoners; a prison rehabilitation program began in 2003.

In the absence of an effective national judicial system, the right to judicial protection has been compromised as uneven local standards have prevailed in criminal trials.

The government has limited freedom of the media by selective crackdowns that invoke Islamic law and has encouraged self-censorship. The media remain substantially government-owned. The nominally lesser restrictions of the 2004 media law have been criticized by journalists and legal experts, and harassment and threats continued after its passage, especially outside Kabul.

No registration of religious groups is required; minority religious groups are able to practice freely but not to proselytize. Islam is the official religion, all law must be compatible with Islamic morality, and the President and Vice President must be Muslims.

Women in Kabul voting for the first time in 2004.
Women in Kabul voting for the first time in 2004.

The Constitution promises equal rights for men and women, and women are permitted to work outside the home, to engage in political activity, and the Constitution requires each political party to nominate a certain number of female candidates. However, the Afghan Supreme Court is dominated by Islamic fundamnentalist that have been issued various rulings and opinions that seem to be attempting to undermine women's rights, i.e. calling for segregated schools, and enforcement of a strict dress code.

Homosexuality and cross-dressing were capital crimes under the Taliban, but seem to have been reduced to crimes stipulating long prison sentences.


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