A/HRC/10/23 page 4 I. INTRODUCTION 1. This report is submitted pursuant to Human Rights Council decision 2/113 of 27 November 2006 and has been prepared in cooperation with the United Nations Assistance Mission in Afghanistan (UNAMA). Since the last report by the High Commissioner, Afghans have continued to suffer significant rights deficits that pose serious challenges to the enjoyment of their human rights and to the country’s long-term prospects for peace, stability, democracy, development and the rule of law. 2. Gross human rights violations remain a serious threat to continuing efforts to transform Afghan society. A culture of impunity prevails, and is deeply entrenched; this is manifested in the lack of political will to advance the transitional justice process to address past abuses as well as the absence of accountability for current human rights violations. Coupled with a weak, corrupt and dysfunctional judicial system, and wide recourse to traditional dispute-resolution mechanisms that do not comply with due process requirements, justice is effectively denied to the vast majority of Afghans. 3. In November 2008, the High Commissioner expressed concern regarding the resumption of the death penalty in Afghanistan, noting that law enforcement and judicial systems in the country fall short of internationally accepted standards guaranteeing due process and a fair trial. 4. The escalation of the armed conflict during 2008 has resulted in a substantial rise in the toll of civilian casualties and further erosion of the humanitarian space. Although certain measures have been taken to mitigate the impact of military operations, the limited ability of Afghan and other authorities to address the protection needs of at-risk civilians in war-affected areas remains a major concern. Not only does the conflict have a disproportionate impact on those who are vulnerable, but the deteriorating situation has undermined the people’s confidence in the Government and hampered its ability to meet its human rights obligations, such as the provision of basic services, including security. 5. The political space to express dissenting political and other views has also been contracting during the reporting period. Ongoing attacks on freedom of expression, particularly in relation to media and human rights activists, are intrinsically linked to abusive power structures and deeply entrenched impunity. This pattern is all the more disquieting as elections are scheduled to take place in Afghanistan in 2009. 6. Other long-standing human rights problems in Afghanistan have not been adequately addressed. The deep-rooted discrimination against and marginalization of women and girls and of certain minorities, extreme poverty and patterns of social and economic development that do not address inequalities, continue to challenge entitlements to human rights such as health, food, water and sanitation, education, shelter and a means of livelihood. 7. The adoption at the International Conference in Support of Afghanistan, held in June 2008 in Paris, of Afghanistan’s poverty reduction strategy paper, the Afghanistan National Development Strategy (ANDS), generated renewed momentum, in particular amongst donors, to assist the Government in its endeavour to address some endemic problems, such as poverty and marginalization, but these efforts would be strengthened by greater attention to the human rights dimensions of economic and social development.