A/HRC/7/27
page 6
framework, policy, administration, and enforcement. Given the often volatile nature of property
disputes, failure to address the issue not only threatens security, but also undermines the rule of
law and economic development. Government must take concrete measures to address
deficiencies in the protection and administration of property rights, building upon constructive
elements of traditional mechanisms.
12. The economic, social and political consequences of the illicit narcotics trade, which is said
to account for almost 50 per cent of Afghanistan’s gross domestic product (GDP), hamper the
Government’s ability to promote and protect economic and social rights. The consequent
land-grabbing, subversion of rule of law and insecurity caused by the illicit narcotics trade
further undermine the Government’s ability to deliver services and implement development
programming.
13. During my mission to Afghanistan, I emphasized the need for an integrated approach to
human rights encompassing civil and political rights as well as economic, social and cultural
rights. Respecting the right to development is critical to progress, and requires the participation
of the most vulnerable groups in the development process on the fundamental basis of equality. I
strongly call for such an approach to be reflected in the final Afghanistan National Development
Strategy (ANDS).
II. DISCRIMINATION
14. Although the Constitution formally recognizes equality and the principle of
non-discrimination, in reality discriminatory practices based on sex, religion, ethnic, tribal,
family and political affiliation exist throughout Afghanistan. Discrimination against women and
girls remains pervasive, ingrained and extremely deleterious. Other forms of discrimination,
while present, cannot be fully analysed due to absence of systematic data.
15. Women and girls in Afghanistan have continued to make gains in the workplace, education
and government, but progress remains tentative, with social, political and economic
discrimination against women still pervasive. With the Government beginning to implement
projects taking into account gender, its current reliance on the Ministry of Women’s Affairs to
tackle women’s issues must shift to obliging each element of government to promote women’s
rights.
16. Women’s continued exclusion from formal and informal public policy and
decision-making processes (women hold only 9 per cent of formal positions, well below the
international benchmark of 30 per cent) deprives them of the necessary tools to advance
women’s rights. The Minister for Women’s Affairs is the only female Minister in the
Government, down from three female Ministers in 2005. There is no female Supreme Court
justice. Women currently comprise 26 per cent of the overall civil service, although a significant
proportion of these derive from the Minister for Women’s Affairs staff. Women account for
approximately 5 per cent of prosecutors and judges, and only 0.4 per cent of the police force. To
compound matters, women serving in the Government, particularly in sensitive positions such as
provincial heads of the Minister for Women’s Affairs and in the police, frequently are subject to
threats, intimidation and sometimes murder.
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