The United Nations Office at Geneva
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HRC57 Afghanistan Continuity 09SEP2024
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19:13
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MP4
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Speakers are:
- Volker Türk, UN High Commissioner for Human Rights
- Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan
- Nasir Ahmad Andisha, Ambassador and Permanent Representative of the Islamic Republic of Afghanistan
Pls, see attached PDF Documents for the statements of:
- Volker Türk, UN High Commissioner for Human Rights
- Nasir Ahmad Andisha, Ambassador and Permanent Representative of the Islamic Republic of Afghanistan to the 57th session of the Human Rights Council
Enhanced interactive dialogue on the situation of human rights in Afghanistan with:
- Volker Türk, UN High Commissioner for Human Rights
- Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan
- Nasir Ahmad Andisha, Ambassador and Permanent Representative of the Islamic Republic of Afghanistan
Teleprompter
now,
I would like to invite the High Commissioner
for Human Rights to make an opening statement
for this enhanced interactive dialogue.
Mr.
Vice President, Distinguished panellists, Excellencies,
colleagues and friends.
It has been three years since the
current de facto authorities took control of Afghanistan
three years of drastically declining respect for
the rights of the people of the country
against the backdrop of decades of suffering due to armed conflict.
The report before you examines in particular the
period from September 23 to July this year,
with recommendations and options for accountability
for the human rights violations and abuses
that have taken place over decades.
It focuses on equality and the rights of women and girls,
the humanitarian crisis and its impact on
and its impact on economic, social and cultural rights.
Restrictions on media freedoms and the civic space executions,
corporal punishment and ill treatment of detainees.
The targeting of former officials and human rights defenders, opposition groups
and perceived critics of the authorities. And conflict related harm,
which has notably impacted the
Hazara community
activities by the de facto Ministry for the
Propagation of Virtue and Prevention of Vice,
and the impact on Afghans expelled from neighbouring countries are also examined.
While the report does not include last month's promulgation
of new so called morality laws,
I want to make clear
my abhorrence of these latest measures,
which include limiting the transportation of women
who seek to travel without a male so called guardian,
requiring
women's voices to be muted in public,
forbidding even eye contact between women and men who are not related,
and imposing mandatory covering for women from head to toe,
including
their faces.
Previous measures include forbidding girls from attending
secondary school and women from attending university,
denying women's rights to freedom of peaceful assembly, opinion,
expression and freedom of movement,
and severely curtailing women's rights to seek employment.
Women who have sought to protest such laws or express any
different opinion or form of dissent have faced harsh punishments.
I shudder to think
what is next for the women
and girls of Afghanistan.
This repressive control over half the population in
the country is unparalleled in today's world.
It is a fundamental rupture of the social contract.
It's outrageous
and amounts to systematic gender persecution,
and it will also jeopardise
the country's future
by massively stifling its development.
This is propelling Afghanistan further down a path of isolation,
pain and hardship.
Today, the vast majority of the population is trapped in poverty
and deprived of essential rights, including the right to adequate food.
The situation for Children is especially devastating and deeply distressing,
with 12.4 million Children in desperate need.
Overall, an estimated 23.7 million people
will be in need of humanitarian assistance this year,
with poverty and the impacts of repression and
violence exacerbated by natural disasters and climate change.
But a massive shortfall in funding
is sharply undercutting the response by the UN and its partners.
Excellence
is a key factor.
Underlying these and other violations is the
persistent lack of accountability in Afghanistan over decades
for human rights violations and abuses committed by multiple actors.
As the report notes,
generations of Afghans under successive
administrations have been denied truth, justice, reparation
and guarantees of non recurrence for the suffering that has been inflicted on them.
Accountability is a powerful deterrent to future violations,
given the pressing need
for action
to prevent the recurrence of human rights violations and abuses, and to redress
the rapid decline of rights and
freedoms across the country,
I believe that a comprehensive approach to accountability is needed,
spending both national and international action.
The defect authorities cannot continue on this path
and must take decisive steps to comply with human rights law.
These are obligations of the state.
They are non negotiable
and they do not depend on the vagaries of
who exercises control over a territory and people.
Measures also need to be introduced to protect the victims of human rights
violations and abuses irrespective of when or by whom they were committed,
and to hold perpetrators to proper
account consistent with international standards.
I also encourage the
de facto authorities to permit resumption
of the operation of a credible and independent national human rights institution.
I urge all states
that have been involved in previous armed conflict in Afghanistan
to ensure investigation and prosecution of
violations committed by their personnel,
and I welcome credible steps in this direction by some states.
The ongoing investigation by the prosecutor of the International Criminal Court
to the full extent of available jurisdiction
is crucially important
and I call on all states cooperating fully with that process.
I also note the scope under international law for third
states applying accepted principles of
extra territorial and universal jurisdiction
to investigate and prosecute serious breaches of international law,
where appropriate, to secure due accountability.
Mr. Vice President.
Human rights are not only a legal requirement,
they are a prerequisite for peace, security, social cohesion and development.
Afghanistan has enormous development potential.
It can achieve prosperity, security and justice for all.
It can contribute productively to the international community and can
deliver on the hopes and rights of its people.
Or
it can spiral further into the abyss of state failure with a broken economy
and a society that is marred by severe violations
across the entire spectrum of human rights.
As experience has confirmed many times,
respect for human rights unlocks a wealth of benefits for all societies,
from development that is sustainable
to peace and social harmony that can endure.
It is essential that Afghanistan uphold
the equality of women and men
and indeed the rights of all people.
My office will continue to engage with the de facto authorities to urge
that they reverse current policies and take
meaningful steps to fulfil human rights.
Thank you.
I thank
the High Commissioner
and now I give the floor to Mr
vice president,
distinguished panellists, excellencies, colleagues and friends.
I'm honoured to share this panel
with the High Commissioner and distinguished Afghan
and international experts. While the council has asked me for an oral update,
I'll endeavour not to duplicate the High
Commissioner or the information in his report.
Rather, I echo his concerns. Regrettably, I can report few grounds for optimism.
Since I reported in June, the Taliban has further intensified
its violations of the human rights of the Afghan population,
particularly women and girls.
As the High Commissioner noted recently, a law was promulgated,
empowering the de facto Ministry for the
Promotion of Virtue and Prevention of Vice.
Not only does it reinforce the Taliban's
institutionalised system of sex and gender discrimination,
segregation and oppression in short gender persecution,
a crime against humanity, it impacts almost the entire population
unaddressed. The repercussions will shape future generations.
I won't repeat the examples already given by the
High Commissioner regarding the impact on women and girls.
I will only add that there is also an impact on religious and ethnic minority groups
and to give an example from the media
broadcasting of images of the impact on the media
broadcasting of images of human beings is now banned.
This law marks a new phase in the ongoing repression in respect of respect
for human rights since August 21 especially the rights of women and girls,
Mr President
in Afghanistan, religious,
ethnic and linguistic minorities are facing ongoing attacks and violence in
addition to restrictions on their ability to practise their faith,
speak their language and express their cultural identities.
With Hazaras suffering more than most,
it's time to pay more attention to this.
Afghanistan has one of the world's youngest populations.
I'm especially concerned about the protection and human rights of Children.
LGBT Q
Individuals long subjected to systematic,
systematic discrimination and persecution now endure even more severe violence,
including public flogging.
Older people and those with disabilities are also
bearing the brunt of human rights violations,
while the worsening humanitarian crisis leaves the most vulnerable.
Facing
dream suffering, severe restrictions, threats,
intimidation and violence makes it nearly impossible for
journalists and human rights defenders to operate freely.
The cumulative effects of these oppressive policies and human
rights violations perpetuate a climate of fear and oppression
that affects every segment of Afghan society.
Following my initial visit to Afghanistan in 2022.
I observed that the country stood at a crossroads,
and there was a gap between the words of the de facto authorities and their actions.
Now, both their words and their actions are harsher.
They claim that human rights are an internal matter. Rather than
expressing some willingness to respect their
international human rights treaty obligations,
they reject virtually all assessments and
recommendations by human rights experts,
whether Afghan or otherwise, consistent with their intolerance of any dissenting
views. And in my case, they've decided to refuse to allow me to visit.
Having reached the crossroads,
they appear to have taken the turning that leads back
to the appalling conditions of the late 19 nineties.
Collectively, we must persuade them to reverse and take the other direction.
Mr. President, The human rights crisis in Afghanistan
isn't three years old.
Human rights have been violated throughout the country's 4.5 decades of conflict.
All parties to the conflict are responsible and must be held accountable.
Regrettably, impunity has prevailed in Afghanistan for generations.
It's among the main causes of conflict and repression in the country.
Failure to effectively tackle the cycle of
impunity not only emboldens the Taliban's oppressive regime
and reduces the possibility of genuine and
durable peace in Afghanistan and beyond.
It does a huge disservice to all victims and survivors. I welcome
the conclusion of the high Commissioner's report that highlights
the need for a comprehensive approach taking account,
several taking into account several principles that should guide accountability
in fact,
transitional justice efforts
in line with international standards. This
parallels my previous calls for an all tools approach.
I urge the council to identified survivor
centred and gender responsive pathways to justice and
in addition to strengthening and supporting existing mechanisms
to fill any gaps so that the situation in Afghanistan
receives a response that is proportionate to its gravity.
To date, the collective response has fallen, has fallen far short.
Member states and regional bodies have yet to
take effective action to counter the Taliban's behaviour.
Nor is there a principled, coherent
and co ordinated strategy among international actors to improve the situation. A
fragmented and piece meal approach, with some turning a blind eye,
not only fails the people of Afghanistan,
it also contradicts states own human rights commitments.
Any normalisation of engagement with the de
facto authorities must be based on demonstrated,
measurable and independently verifiable improvements in human rights.
I thank you.
Thank
you.
And now I would like to give the floor to His Excellency, Mister Nasir.
Ahmad and
Dan,
please. You
have the
floor.
Thank you very much. Uh, Mr Vice President,
we welcome the High Commissioner's report on
the situation of Human rights in Afghanistan,
which includes stocktaking of accountability options.
The report offers a much needed conclusion that could be a
departure point for the next phase of the human rights system engagement
with Afghanistan
and with the de facto Taliban authorities.
The first phase began with the special rapporteur's mandate following
the military takeover by the Taliban on August 1520 21.
The current mandate was established with an idea
of a constructive engagement with the de facto authority
and with an optimistic outlook on the
basis of the Taliban's Doha negotiation promises,
with an overarching goal of paving the way for a full return of Afghanistan
to the international system.
The Taliban, particularly those holding real power, reneged on their
promises and dramatically increased restrictions
over the past three years,
including enacting an institutionalised regime of gender prosecution
and gender discrimination
with the banning of special rapporteurs from visiting Afghanistan,
effectively cutting
engagement with the UN human rights system
and sanctioning a draconian so called virtue and vice law.
We believe that the
this first phase has come to an end.
The new phase of engagement has to be different
since there is no domestic accountability or address mechanism.
And since the power holders, particularly
the Kandahar
faction of the Taliban, are closing all windows of principal engagement,
this council should enact
what SR previously referred to us
all tools approach,
Mr Vice President, while the report also
emphasises the need for a multi layer and multidimensional approach
on accountability.
Yet it falls short of recommending
the establishment of an independent international investigative
and accountability mechanism with sufficient financial
and technical resources.
So therefore we reiterate that we support the renewal
and the strengthening of the special rapporteur's crucial mandate.
However, the prohibition of
access to the country further underscored the
pressing need for a complementary mechanism.
We support the report's recommendation
from the ongoing investigation of the
ICC prosecutor and the National Avenues to increase support for victims,
families and civil society number two.
The report also undermines the
underlines
that the existing mechanism needs to be strengthened, including the
capacity to collect,
preserve and analyse evidence of crimes to
facilitate future accountability and transitional justice process.
However, this was not translated into an actionable recommendation,
Mr Vice President. Indeed, gruesome atrocities
and severe violation of the I
and human rights law are being committed in
several conflict zones from Palestine to Ukraine,
from Sudan to Myanmar and other places.
But have we ever witnessed such a level
of institutionalised human rights abuses and violation,
an affront
to women and men,
dignity and the right as it is undergoing in the history of this council?
The Taliban act with impunity as if the state of Afghanistan
was created after the military takeover on 15 August 2021.
No
Afghanistan
joined the in
December 1948 76 years ago.
Notwithstanding the form of its government,
it has remained bound by its obligation under international law,
including
UN Charter and the core international human rights
treaties and obligations and optional protocols to which
the state was a party and is a party.
Over the past two decades, Afghanistan have made enormous progress in promoting
and protecting human rights, Mr vice president,
The people of Afghanistan remain deeply
alarmed by the international community's increasing,
lethargic
and at the time, counterproductive response to the deteriorating situation.
For example,
the UN's decision to organise a recent Doha meeting
in late June this year excluding non Taliban Afghans,
including women and civil society, and omitting human rights from the agenda
sets a dangerous precedent.
The logic, we were told,
was to convince the Taliban to co operate on
implementing UN roadmap a UN Security Council resolution,
including the appointment of a special
envoy for political co ordination which did not materialise.
The Taliban not only failed to engage constructively,
but did not hesitate to enact a new virtue and vice law,
and further denied women on their voices in public.
Every time they lower the bar on human rights and fundamental freedom,
the international community lowered their standard and making unprecedented
concessions
while paying lip service for the situation of gender apartheid in Afghanistan,
some countries are moving towards creeping recognition.
Afghanistan's history has shown
that this situation will pass and the freedom loving people
of Afghanistan will prevail as we are committed to upholding
our equal human rights and dignity.
But I will end with a
quote from nobody but Martin Luther King that once he said,
we will remember not the words of our enemies, but the silence of our friends.
Thank you very much, Mr Vice President.
Thank you. Your Excellency
And I would also want to inform that the list of speakers is now closed
and