A/HRC/7/27
page 13
A. Freedom of expression
47. A new media law adopted by both houses of Parliament was rejected by President Karzai
at the end of 2007. The law generally represents an important step forward, but contains
provisions which may be used or interpreted in a manner that would breach international
standards concerning freedom of expression. For example, it contains broad provisions requiring
freedom of expression to be in accordance with Islamic principles, banning published materials
that are deemed immoral, and requiring prior approval for distribution of publications by
international and intergovernmental agencies. These provisions are not clearly defined and are
open to diverse interpretations which give rise to rule-of-law concerns as to possibilities for
arbitrary censorship.
48. The media, which has flourished in recent years, faced increased levels of violence and
serious threats in 2007. Numerous complaints have been received concerning violent attacks
against journalists across the country with 20 verified cases reported in the Central and the
Eastern regions alone. Two of these cases concerned the murder of female journalists. In most
cases, no action was taken by the relevant authorities.
49. In June 2007, the National Directorate of Security (NDS) distributed to Afghan journalists
a list of restrictions intended to curtail their reporting of the deteriorating security situation. The
Ministry of Information and Culture also issued a circular in November 2007, asking all
electronic media to refrain from broadcasting content that might disturb the public.
VI. INSTITUTIONAL CAPACITY
50. Particularly at the district level, the Government’s capacity to deliver essential services,
law enforcement, justice and security requires significant additional attention. Corruption,
insecurity and inadequacy of legal and regulatory frameworks, qualified personnel and physical
infrastructure severely undermine executive, judicial and law enforcement institutions’
functionality and promotion of the rule of law, and in turn diminish confidence in Government.
These dynamics also hamper access to Government by civil society.
51. This lack of capacity has encouraged utilization of alternative dispute resolution and
security mechanisms. The traditional justice system remains strong and generally responsive,
however it can be problematic, particularly its accessibility to and treatment of women and other
vulnerable groups.
52. In the security sector, private security companies (PSCs) have grown rapidly in recent
years, with up to 10,000 armed and organized employees in Kabul alone. Until now, PSCs have
operated in Afghanistan with ad hoc registration or under arrangement with the Ministry of
Interior. Legal accountability for human rights violations committed by these employees
continues to remain unclear.
53. To meet its human rights obligations, the Government of Afghanistan needs to more
actively integrate human rights considerations into its analysis, policy, and programming. The
ANDS process provides a unique opportunity to do so and ensure institutions’ capacities to fulfil
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