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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