A/HRC/19/47 I. Introduction 1. The present report is submitted pursuant to Human Rights Council decision 2/113 of 27 November 2006 and resolution 14/15 of 18 June 2010, and has been prepared in cooperation with the United Nations Assistance Mission in Afghanistan (UNAMA). Since my last report (A/HRC/16/67), Afghanistan has faced enormous human rights challenges. Long-standing human rights issues exacerbated with armed conflict, poor governance, widespread and deeply entrenched impunity, weak rule of law and justice-sector institutions, coupled with extreme marginalization of women, pose significant challenges in the immediate and longer term. 2. Protecting civilians and preventing civilian casualties remain a huge and increasing concern in Afghanistan. Despite a reduction in security incidents, civilian deaths and injuries increased by three per cent in the first 11 months of 2011, compared to the same period in 2010. Anti-Government elements (AGEs) expanded their use of unlawful means of warfare. Victim-activated pressure plate improvised explosive devices (IEDs) and targeted assassinations claimed the highest number of civilian deaths. The drawdown of security forces and the transition of security responsibilities from the international military to the Afghan National Security Forces (ANSF), coupled with increased attacks from AGEs in the transition areas, has led to a deterioration of the situation. Although pro-Government forces (PGFs) have attempted to restrict the use of force and to increase civilian protection, civilian casualties attributed to PGFs continue to be high. The armed conflict and lack of protection for civilians has inhibited social and economic development. The armed conflict has also contributed to loss of livelihood, destruction of infrastructure and property and disruption of basic services. 3. Although new laws, policies and development aid have brought benefits to Afghan women, deep-rooted discrimination, and impunity for violence against women remain widespread. Violence against women and girls, including sexual violence and harmful traditional practices, such as ba’ad (providing women in retribution for murder and other crimes), so-called “honour” killings, early and forced marriages and rape, continue to be widespread. UNAMA documented a positive trend in many parts of the country, with judicial officials beginning to apply the Law on Elimination of Violence against Women (EVAW), although it is not yet being applied to the vast majority of cases. Many cases, including instances of serious crimes against women, are still being mediated rather than prosecuted as required by the law. 4. Arbitrary detention and the lack of respect for due process rights also remain major concerns, particularly as the detainee population continues to grow. Despite legal guarantees in the Constitution and commitment of the Government to uphold fundamental rights essential to a fair trial, detainees (especially conflict-related detainees) continue to be illegally detained and tortured in detention facilities by the National Directorate of Security (NDS) and the Afghan National Police (ANP). Detainees lack access to remedial mechanisms, such as the right to habeas corpus where they can seek redress or challenge the legality of their arrest or detention, as well as meaningful access to defence counsel. 5. Impunity remains deeply entrenched in Afghanistan. Accountability for human rights violations remains weak, and little or no political support has materialized for the advancement of transitional justice mechanisms, despite past commitments on the part of the Government. The Afghan Peace and Reintegration Programme (APRP) gained some momentum in the first half of 2011, but concerns were raised about the lack of transparency and non-inclusive representation – particularly of civil society, and the lack of accountability mechanisms within the APRP process. To ensure sustainable stability and peace, it is essential that peace and reconciliation mechanisms involve a broader 4

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents