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Afghanistan: Statement by the Government of Afghanistan on the Human Rights Watch Report

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Source: Government of Afghanistan
Country: Afghanistan

The government of the Islamic Republic of Afghanistan has reviewed the annual report released by the Human Rights Watch and takes note of its recommendations. The government agrees with some of the findings in the report, especially on human rights violations that occurred as a result of increased attacks by the Taliban against civilian population, and their continued grave violations of human rights. The government also shares the concern in the report on abuses by illegal armed groups.

However, the government of Afghanistan further highlights that the crimes perpetrated by the Taliban are not new but a recurrence of a systematic violation of human rights by the group.

For Afghanistan and its national security forces in particular, respecting and protecting human rights continues to be of paramount importance. It was thanks to its significance that human rights training and implementation was made a key component of the educational curriculum of the Afghan National Defense and Security Forces (ANDSF). Additionally, recorded video messages from the President, key government officials, and national figures as well as from religious scholars on ANDSF’s obligations to protect and promote human rights and International Human Rights Laws now constitute an essential part of the human rights training for the forces.

President Mohammad Ashraf Ghani has persistently instructed the ANDSF to exercise their utmost to uphold and protect human rights.

All of our assessments show that ANDSF are increasingly demonstrating professionalism in their conduct of duty. Their respect for human rights and efforts to protect the rights of citizens were applauded by the United Nations after the military operation to clear Kunduz City from the Taliban in October 2015.

The President has made it clear time and again that human rights protection and promotion remains a constitutional obligation of the government of Afghanistan, and it stands strongly committed to its full realization.

Illegal armed groups have long been a source of concern for the Afghan people. Since early 2015, the government began disbanding these groups and has implemented a number of measures to roll back their expansion. In March 2015, the President issued an instruction to the Ministry of Interior to take all the required measures to contain operation by any irresponsible armed groups. In order to prevent circumstances where individual members of the Afghan Local Police (ALP) may be protected by powerful political elites in the event of a wrong doing, and to end impunity in such conducts, the President has ordered that the ALP only operate within the framework of the Ministry of Interior and therefore, no political elite or Member of Parliament can remain as head of the ALP.

In this context, the government has made some considerable progress and stands ready to facilitate an independent and professional assessment.

Furthermore, the government of Afghanistan has taken concrete and effective measures in fighting corruption. In order to ensure and improve access to justice, over the past two months alone, the Chief Justice has dismissed 130 judges and replaced them with a new cadre of professional judges, recruited only on the basis of merits and qualifications. To enhance transparency, accountability and end the culture of impunity, the government has dismissed more than 10 officials including deputy ministers and attorneys. The dismissed officials are being investigated and shall be prosecuted through a fair trial. The government believes that there is a link between corruption, especially in justice sector, and human rights violations.

The government’s programs focus on institutional reforms and ending impunity specifically for those involved in human rights violations and corruption.

Furthermore, the National Unity Government remains highly committed to protecting women’s rights as a top priority. Since taking office, President Ghani has continuously advocated nationally and internationally for Afghan women’s rights. His bold decision to build consensus among religious leaders on appointing a female justice to the Supreme Court and obtaining a Fatwa from the Ulema, and his subsequent nomination of the first ever Supreme Court justice is an example of the government’s commitment to promotion and protection of women’s rights.

Currently there are four female cabinet ministers, a female governor as well as a notable number of female leaders, acting as heads of independent commissions or commissioners in key institutions. Also, the number of female officials serving as deputy ministers and ambassadors has increased in the past one year.

In order to prevent the imprisonment of women accused of running away from their family, the President recently asked the Supreme Court to issue a ruling on the application of article 130 of the Constitution that is the basis for the courts’ decision to sentence such women. In December 2015, the Supreme Court issued a judicial ruling that bars judges from imprisoning women for running away from family.

Running away from home is not defined as a crime by law, but from the misinterpretation of a constitutional provision that has created a wrong practice, which is now being stopped.

The President of Afghanistan has placed women’s rights as a fundamental principle and key issue of consideration in all of the government’s policy decisions. The President explicitly stated that the issue of women rights is a clear redline for the government and people of Afghanistan in any peace talks with the Taliban.


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