A/HRC/13/62
56.
Journalists were at high risk of abduction when reporting from conflict-affected
areas. An Afghan journalist was killed in an IM Forces operation intended to rescue him
and an international journalist, both of whom were kidnapped by the Taliban at the site of
the September IM Forces air strike in the northern province of Kunduz.
57.
Following a protracted legislative process which began in early 2007, the Media
Law finally came into force in July 2009, however copies of the new law were only made
publicly available two months later. This delay was interpreted by many as a deliberate
attempt to maintain full control of the public service broadcaster, RTA, for the duration of
the elections. Certain provisions of the new Media Law give rise to concern. These include
lack of clarity on restrictions to media content which leaves scope for violations and abuse:
similar provisions in the Media Law 2004 were often used to arrest and intimidate
journalists who had criticized the Government. Additionally, the composition and role of
the two regulatory bodies (the High Media Council and the Media Commission) allow the
Government to influence their work and decisions, putting at risk their impartiality and
independence.
58.
In March 2009, a multi-stakeholder consultation on freedom of expression was coorganized by UNAMA, Afghan journalist unions and media organizations, to review issues
such as access to information, respect for the rule of law (media law) as well as
transparency and accountability. Participants adopted the Kabul Declaration, which is a
common agenda for collective action aimed at protecting freedom of expression, fostering
an independent media and enhancing the safety of journalists and others who express their
opinion. A committee of Afghan journalist unions and media organizations was formed to
give effect to the different elements of the Declaration.
59.
Sayed Pervez Kambaksh, the journalism student sentenced to death on charges of
blasphemy in 2007, later commuted to 20 years’ imprisonment, received a presidential
pardon in August 2009 and was taken out of the country. His release was attributed to the
high level of attention this case received, both inside and outside Afghanistan. It is unclear
whether the release of Kambaksh signals a change that has positive value for journalists and
broader issues of freedom of expression and opinion.
VII. Institutional capacity
A.
Institution-building
60.
OHCHR, in cooperation with the AIHRC, has worked with Afghan judicial and law
enforcement actors since 2006 to develop measures to combat arbitrary detention. Based on
the recommendations contained in the OHCHR/UNAMA report entitled “Arbitrary
Detention in Afghanistan: a Call to Action”, published in March 2009, a round table was
organized in October 2009 to assist Afghan stakeholders to develop ways of enhancing
information sharing pertinent to individual detention cases in a timely and effective manner
at the provincial level.
61.
OHCHR supported the Ministry of Foreign Affairs with respect to its submission
under the universal periodic review of the Human Rights Council. The high-quality report
was praised by other States as a frank account of the human rights situation that gave a
balanced view of progress as well as the persistent challenges in Afghanistan.
Recommendations included the need to adopt legislation to assist Afghanistan meet its
human rights obligations and to promote and protect the rights of women, and specifically,
review the Shia Personal Status Law, so that this controversial legislation conforms to
international law. Also recommended was strengthening support to the AIHRC, and the
promotion and protection of human rights in relation to freedom of expression, access to
14
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