A/HRC/19/47
52.
During 2010, the Government made positive efforts with regards to submission of
periodic reports under its treaty obligations. In January 2011, the Committee on the Rights
of the Child considered the initial report of Afghanistan on its implementation of the
Convention on the Rights of the Child. With support from UN-Women, the Government
also completed its initial report to the Committee on the Elimination of All Forms of
Discrimination against Women, which will be considered in 2012. OHCHR/UNAMA will
continue to support the Government in developing action plans to implement the
concluding observations of the treaty bodies.
VII. Conclusion
53.
The Government authorities, with support from the international community,
have made some progress in addressing major issues of concerns, such as in the areas
of legal reform, consolidating the peace and reconciliation process and strengthening
the criminal justice system. The Afghanistan Independent Human Rights
Commission, media and civil society organizations have continued advocacy efforts
and to highlight human rights concerns. However, many challenges still remain, such
as ensuring justice for victims of human rights violations, ensuring civilian protection,
improving laws and policy implementation, and establishing effective accountability
mechanisms within government and security sector institutions. As the transition of
lead security responsibility progresses from international to Afghan-led security
structures, it is imperative that greater attention be given to the Government of
Afghanistan's human rights obligations. In order to be successful and sustainable, the
transition process must be focused not only on the handover of security
responsibilities, but also on the development of local communities, the establishment
of good governance and the ability to protect civilians, especially the rights of the most
vulnerable individuals, including women, children and ethnic minorities. Respect for
international legal norms by all parties is critical, not only for strengthening efforts to
protect civilians, but also seeking a political solution that will allow all Afghans – men
and women, boys and girls – to partake in their country’s development, free from
violence and to enjoy their fundamental human rights.
VIII. Recommendations
54.
The United Nations High Commissioner for Human Rights recommends that:
(a)
Afghan National Security Forces and International Military Forces take
all feasible precautions to prevent and minimize incidental loss of civilian life, injury
to civilians and damage to civilian objects during the planning and implementation of
military operations. 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, take
appropriate disciplinary or criminal action against any individuals found responsible
for violations of military or domestic criminal law, and ensure consistent and
appropriate compensation;
(b)
The Taliban and other AGEs prevent civilian casualties by complying
with international humanitarian law including respect for the principles of distinction,
proportionality and precautionary measures. They should immediately cease
targeting civilians as such deliberate attacks are violations of international law;
(c)
The Government of Afghanistan ensure prosecution of all serious crimes
of violence against women. It should issue instructions to all officials, clarifying the
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