A/HRC/16/67
56.
Responding to the Secretary-General’s April 2010 finding that the Afghan National
Police and several AGE groups were among “parties that recruit or use children, kill or
maim children and/or commit rape and other forms of sexual violence against children in
situations of armed conflict” (A/64/742-S/2010/181, annex I), the Government on 30
November finalized an action plan to address concerns.
VII.
Conclusion
57.
Longstanding human rights concerns including rising civilian casualties and
decreased protection for civilians due to intensified armed conflict, deeply entrenched
impunity, the lack of functioning and independent “rule of law” institutions, and
widespread practices that harm, degrade and humiliate women and deny them their
basic human rights continue to seriously undermine efforts to promote and protect
human rights in Afghanistan. While Government authorities have taken steps to build
peace and rule of law, institutions remain weak. Legal and policy frameworks require
considerable review, and reform and existing laws and policies that promote and
protect human rights require much greater and more effective implementation.
Afghanistan’s international partners should redouble support in these critical areas
and ensure the protection of civilians and the rights of detainees in military and
security operations.
VIII.
Recommendations
58.
The United Nations High Commissioner for Human Rights recommends that:
(a)
The Taliban and other anti-Government elements should withdraw all
orders and statements calling for the killing of civilians and reduce civilian casualties
by complying with international humanitarian law, rules and principles including
those rules the Taliban publicly committed to in the Taliban Code of Conduct and
other documents on preventing civilian casualties when planning suicide attacks and
acts of perfidy;
(b)
International military forces and Afghan National Security Forces
should fully implement measures designed to reduce civilian casualties and further
strengthen civilian protection. They should institute immediate, credible, impartial
and transparent investigations into all incidents involving civilian casualties, including
public and prompt reports on the progress and results of investigations, and take
appropriate disciplinary or criminal action against any individuals found responsible
for violations of military or domestic criminal law. International military forces
should provide timely, adequate and transparent compensation for civilians/victims of
all military operations that result in death or injury of civilians or damage to civilian
property;
(c)
The Government of Afghanistan should reaffirm its commitment to
justice and combating impunity for perpetrators of serious international crimes and
human rights violations. The Public Amnesty and National Stability Law should be
revoked as it clearly violates the Constitutional provisions and the Government’s
international treaty obligations;
(d)
The Government of Afghanistan at the highest levels, including the
President, should continue to publicly emphasize that promotion and protection of
women’s rights are an integral part and main priority of peace, reintegration and
reconciliation and a central pillar of the country’s political, economic, and security
strategies. The Government should expedite implementation of the National Action
16
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