A/HRC/16/67
I.
Introduction
1.
The present 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 my last report (A/HRC/13/62), the
human rights situation in Afghanistan has become more challenging. Long-standing human
rights problems associated with the ongoing armed conflict, dysfunctional governance,
widespread and deeply entrenched impunity, weak rule of law, coupled with extreme
marginalization of and violence against women, pose significant challenges to the
enjoyment of human rights.
2.
The human cost of the armed conflict escalated during 2010 as civilian casualties –
including deaths and injuries of civilians – increased by 20 per cent in the first 11 months of
2010 over the same period in 2009. Civilians experienced an erosion of Government
presence and a further decrease in protection in more areas of the country. At the same
time, anti-Government elements (AGEs) increasingly undertook unlawful means of warfare
through increased use of improvised explosive devices, suicide attacks and assassinations
that violated Afghans’ basic right to life and international humanitarian law principles.
Although improved safeguards appear to have contributed to a significant reduction in
civilian casualties by pro-Government forces (PGFs), these efforts must be sustained and
increased to ensure improved protection for civilians.
3.
Other ongoing human rights problems in Afghanistan have not been effectively
addressed. Widespread harmful traditional practices, including child marriage, offering
girls for dispute resolution, forced isolation in the home, exchange marriage and “honour”
killings, continue to cause suffering, humiliation and marginalization for millions of women
and girls. Such practices are grounded in discriminatory views and beliefs about the role
and position of women in Afghan society, although some religious leaders reinforce these
harmful customs by invoking their interpretation of Islam.
4.
Impunity remains a major impediment to the re-establishment of the rule of law and
respect for human rights. The Afghan Peace and Reintegration Programme and
reconciliation process have sent mixed messages about the Government’s commitment to
providing accountability for serious international crimes and violations of human rights.
Many human rights activists have voiced their concerns that impunity is not being seriously
addressed in the ongoing peace process.
5.
The ongoing lack of capacity of both the criminal justice and penal management
systems continues to result in widespread arbitrary detention. Detention-related laws,
policies and practices used by the national authorities and sometimes international military
forces frequently result in prolonged detention without proper due process and oversight
from judicial authorities.
II.
Protection of civilians
6.
The human cost of the armed conflict escalated in 2010. Civilian casualties –
including deaths and injuries of civilians - increased by 20 per cent in the first 11 months of
2010 (1 January to 30 November) over the same period in 2009. Three quarters of all
civilian casualties were linked to AGEs, an increase of 25 per cent compared to 2009. At
the same time, civilian casualties attributed to PGFs decreased by 20 per cent compared to
the first 11 months of 2009.
7.
Analyses by the Office of the United Nations High Commissioner for Human Rights
(OHCHR)/UNAMA showed two critical developments that increased harm to civilians in
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