A/HRC/22/37
54.
The Government of Afghanistan should:
(a)
Review the measures needed to provide meaningful protection to
communities to counter the sharp rise in civilian casualties resulting from antiGovernment elements’ increased use of IEDs to target civilians;
(b)
Ensure that local security institutions, with international support,
institutionalize the protection of civilians and accountability mechanisms in their
operations through initiatives such as the establishment of a civilian casualties
mitigation centre;
(c)
Take further concrete steps to strengthen rule of law institutions,
particularly police and judiciary, in order to ensure that criminal activity is
increasingly dealt with in a lawful manner by Government agencies. This includes
investigation, prosecution and punishment of individuals carrying out unlawful
punishments in parallel justice structures, particularly killings, as well as human
rights abuses and other criminal acts carried out by anti-Government elements;
(d)
Revise the Interim Criminal Procedure Code to guarantee the right of
detainees to be brought promptly before a judge for an initial and periodic review of
the lawfulness of pretrial detention, and the right of detainees to challenge the legality
of their detention with a speedy court decision;
(e)
Duly investigate human rights violations, especially the use of torture,
and ensure that perpetrators are brought to justice and victims granted remedies;
(f)
Invite the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment to visit Afghanistan to assist in providing a
comprehensive response to deter use of ill-treatment in detention facilities;
(g)
Take measures to ensure effective vetting, recruitment, oversight and
accountability mechanisms of ALP members, inter alia, to prevent human rights
abuses and ensure lawful response to reported criminality by ALP;
(h)
Protect fully the right of all children, especially girls, to access education,
and ensure that all schools remain open and safe, by protecting the civilian nature of
schools;
(i)
Take greater steps to implement the 2009 Law on Elimination of
Violence against Women and protect women’s rights, including ensuring women’s
inclusion in public life and all peace and reconciliation processes, with equal
opportunities in education and employment. The Government should invite the
Special Rapporteur on violence against women, its causes and consequences, to visit
the country;
(j)
Reaffirm and demonstrate its commitment to justice and combating
impunity. It should ensure that there is no amnesty for perpetrators of war crimes,
crimes against humanity and gross violations of human rights in peace and
reconciliation efforts;
(k)
Promptly appoint commissioners to AIHRC on the basis of a genuinely
transparent, impartial process, in line with the principles relating to the status of
national institutions for the promotion and protection of human rights (Paris
Principles).
55.
The High Commissioner recommends for anti-Government elements:
(a)
The Taliban and other anti-Government elements must apply a
definition of “civilian” that is consistent with international humanitarian law and
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