A/HRC/19/47
I. Introduction
1.
The present report is submitted pursuant to Human Rights Council decision 2/113 of
27 November 2006 and resolution 14/15 of 18 June 2010, and has been prepared in
cooperation with the United Nations Assistance Mission in Afghanistan (UNAMA). Since
my last report (A/HRC/16/67), Afghanistan has faced enormous human rights challenges.
Long-standing human rights issues exacerbated with armed conflict, poor governance,
widespread and deeply entrenched impunity, weak rule of law and justice-sector
institutions, coupled with extreme marginalization of women, pose significant challenges in
the immediate and longer term.
2.
Protecting civilians and preventing civilian casualties remain a huge and increasing
concern in Afghanistan. Despite a reduction in security incidents, civilian deaths and
injuries increased by three per cent in the first 11 months of 2011, compared to the same
period in 2010. Anti-Government elements (AGEs) expanded their use of unlawful means
of warfare. Victim-activated pressure plate improvised explosive devices (IEDs) and
targeted assassinations claimed the highest number of civilian deaths. The drawdown of
security forces and the transition of security responsibilities from the international military
to the Afghan National Security Forces (ANSF), coupled with increased attacks from AGEs
in the transition areas, has led to a deterioration of the situation. Although pro-Government
forces (PGFs) have attempted to restrict the use of force and to increase civilian protection,
civilian casualties attributed to PGFs continue to be high. The armed conflict and lack of
protection for civilians has inhibited social and economic development. The armed conflict
has also contributed to loss of livelihood, destruction of infrastructure and property and
disruption of basic services.
3.
Although new laws, policies and development aid have brought benefits to Afghan
women, deep-rooted discrimination, and impunity for violence against women remain
widespread. Violence against women and girls, including sexual violence and harmful
traditional practices, such as ba’ad (providing women in retribution for murder and other
crimes), so-called “honour” killings, early and forced marriages and rape, continue to be
widespread. UNAMA documented a positive trend in many parts of the country, with
judicial officials beginning to apply the Law on Elimination of Violence against Women
(EVAW), although it is not yet being applied to the vast majority of cases. Many cases,
including instances of serious crimes against women, are still being mediated rather than
prosecuted as required by the law.
4.
Arbitrary detention and the lack of respect for due process rights also remain major
concerns, particularly as the detainee population continues to grow. Despite legal
guarantees in the Constitution and commitment of the Government to uphold fundamental
rights essential to a fair trial, detainees (especially conflict-related detainees) continue to be
illegally detained and tortured in detention facilities by the National Directorate of Security
(NDS) and the Afghan National Police (ANP). Detainees lack access to remedial
mechanisms, such as the right to habeas corpus where they can seek redress or challenge
the legality of their arrest or detention, as well as meaningful access to defence counsel.
5.
Impunity remains deeply entrenched in Afghanistan. Accountability for human
rights violations remains weak, and little or no political support has materialized for the
advancement of transitional justice mechanisms, despite past commitments on the part of
the Government. The Afghan Peace and Reintegration Programme (APRP) gained some
momentum in the first half of 2011, but concerns were raised about the lack of transparency
and non-inclusive representation – particularly of civil society, and the lack of
accountability mechanisms within the APRP process. To ensure sustainable stability and
peace, it is essential that peace and reconciliation mechanisms involve a broader
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