A/HRC/13/62 I. Introduction 1. This report is submitted pursuant to Human Rights Council decision 2/113 and has been prepared in cooperation with the United Nations Assistance Mission in Afghanistan (UNAMA). Since my last report, the human rights situation in Afghanistan has become more challenging, particularly in terms of the intensifying armed conflict, deeply entrenched impunity, an electoral process lacking credibility and tainted by allegations of fraud, and enduring discrimination against women. Afghans confront serious obstacles to the enjoyment of their human rights, as the country struggles with the legacy and continuing reality of armed conflict and limited achievements in the democratization and state-building process. 2. In 2009, Afghanistan was engulfed by levels of political violence not experienced in the recent past. Notwithstanding important initiatives to address the issue of civilian casualties, the highest civilian death toll since the ousting of the Taliban regime in 2001 was recorded. Spiralling violence surrounding the contentious presidential election gave rise to heightened insecurity and disillusionment with the ability of the Government to protect its citizens. The flawed elections also dealt a serious blow to confidence in the democratic process, undermining the credibility of the Government and support for its international allies. 3. The combination of poor governance, lawlessness, and intensifying conflict has exacerbated the extreme levels of poverty that characterize 36 per cent of the Afghan population. Afghans’ expectations have not been met: there is a pressing need for fair, effective and accountable governance to bring about an end to abusive power structures and impunity, so that Afghans can enjoy such basic fundamentals as the right to health, food, education and shelter. 4. The adoption of the Shia Personal Status Law was a regressive step for women’s rights in Afghanistan. States have a responsibility, based on international law, to eliminate violence against women and this law is inconsistent with the international treaty obligations of Afghanistan and other more progressive legislation the Government has recently adopted on violence against women. For this reason, I have strongly recommended that this law be repealed. There has been little meaningful progress in strengthening the judicial system and respect for the rule of law, an essential precondition for countering the deeply engrained culture of impunity in Afghanistan, delivering justice, and restoring confidence in public institutions. Also lacking has been the pursuit of a credible official transitional justice agenda to secure accountability for, and bring an end to, a long history of egregious human rights violations. Also apparent in 2009 was the critical need for improved mechanisms and procedures to exclude abusive power brokers and alleged human rights violators from public office. Until such measures are taken, efforts to address the many human rights challenges facing Afghanistan, including abuse of power and impunity, injustice and poverty, are liable to failure. II. Protection of civilians 5. The armed conflict intensified significantly in Afghanistan in 2009, with a corresponding rise in civilian casualties, the destruction of property, loss of livelihood and the continuing erosion of humanitarian space. The spread of the conflict has greatly impacted on vulnerable individuals, such as women and children, thereby restricting their access to basic services, including in the health and education sector, particularly in areas that were once considered relatively stable. 4 GE.10-10230