A/HRC/13/62 of the community being targeted by AGE as “spies” for the IM Forces. It is important that ISAF and government officials engage with affected communities with respect to their concerns over the effects these bases have on the civilian population and the increased possibility of them being targeted by the AGEs. 17. Some positive steps geared to the reduction of avoidable civilian deaths have been taken by the IM Forces. These have included efforts to improve the transparency of command structures between ISAF and Operation Enduring Freedom (OEF) – the latter now operating under the Commander of ISAF, and the establishment of both ISAF and United States Forces-Afghanistan (USFOR-A) civilian casualty tracking cells aimed at investigating claims of civilian casualties attributed to ISAF and USFOR-A. Additionally, a new tactical directive issued on 2 July 2009, designed to reduce civilian casualties and maintain support by the Afghan population, specifically limits the use of force, such as close air support, in residential areas and other populated areas in situations in which there is no imminent threat to international troops. Such safeguards reflect the call by the Special Rapporteur on extrajudicial, summary, or arbitrary executions for the need to verify information prior to air strikes and house raids in order to minimize harm to civilians and public reaction to such tactics. 18. Amongst other concerns related to civilian casualties, is the lack of harmonized policies between various troop-contributing countries regarding the issuance of solatia payments to victims, as well as civilians’ lack of access to, or awareness of, various condolence payment schemes. C. Conflict-related detention 19. Conflict-related detention policies in Afghanistan continue to be a major concern given the lack of a legal framework which complies with Afghanistan’s obligations under international and national law. OHCHR/UNAMA have continued to invite relevant special procedures mandate holders to look into the question of the transfer of detainees from detention facilities controlled by various military forces to detention facilities under Afghan control. In the Afghan justice system, detainees are often denied fair trial guarantees and are often prevented from meeting their lawyers. There have also been continuing allegations of physical abuse by Afghan security forces. All this could constitute a violation of Afghanistan’s human rights obligations. The United States administration recently indicated that it is to review United States policy regarding detainees at the Bagram Theatre Internment Facility (BTIF), notably the provision of an opportunity for detainees to challenge the basis for their detention before the Detainee Review Board, including by submitting evidence and summoning witnesses. These new improvements to United States detention policies are welcome, but they must be matched with genuine guarantees to ensure detainees are provided with a meaningful way to challenge the allegations against them. It would also be beneficial to the welfare of detainees and the legitimacy of United States detention policy for the United States to grant the Afghanistan Independent Human Rights Commission (AIHRC) access to its detention facilities. III. Women’s rights 20. Women stood in greater number as candidates in the August 2009 presidential and provincial council elections than in previous elections. However, the responsibility of the State to protect and promote women’s rights and, in particular, to address the problem of violence against women and girls, remains a serious challenge. A prominent issue during 2009 was the variance between new legislation and Afghanistan’s constitutional guarantees and international legal obligations for the protection and enforcement of women’s rights. GE.10-10230 7

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