UN HUMAN RIGHTS IN THE FIELD UN HUMAN RIGHTS IN THE FIELD AFGHANISTAN: UNITED NATIONS ASSISTANCE MISSION IN AFGHANISTAN (UNAMA) Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 36.37 million 653,000 km² 0.498 (rank: 168/188 in 2016) Status A, 2014 Type of engagement Peace Mission Year established 2002 Field office(s) Kabul UN partnership framework One UN for Afghanistan 2018-2021 Staff as of 31 December 2018 73 XB requirements 2018 US$449,100 Please refer to Data sources and notes on p.191. KEY PILLAR RESULTS: Mechanisms (M) M1 – Afghanistan submits its third periodic report to the Committee against Torture and subsequently provides information on how the Committee’s recommendations have been followed up. The Human Rights Service (HRS) of the United Nations Assistance Mission in Afghanistan (UNAMA) advocated with the Government for the submission of State Party reports to the treaty bodies in compliance with the reporting guidelines. In June, the Government of Afghanistan submitted its follow-up report to CAT, outlining progress made in the implementation of some of the Committee’s recommendations regarding certain areas of concern, in particular, a culture of impunity, coerced confessions and the death penalty. In October, the Government submitted its State report for 252 UN HUMAN RIGHTS REPORT 2018 A2 – Inclusive and accountable peace and reconciliation processes are established that conform to international human rights standards and internationally recognized principles of transitional justice. They include mechanisms for vetting ex-combatants and for identifying potential violations of international humanitarian law and international human rights law. The HRS contributed to the functioning of transitional justice mechanisms, in line with international human rights standards, by advocating with and supporting civil society, the Afghanistan Independent Human Rights Commission (AIHRC) and the Government to promote the increased participation of civil society actors in reconciliation processes. Key OMP pillars in 2018 123 Accountability (A) the third UPR cycle review of Afghanistan. It also made progress in the drafting of its periodic reports under ICERD, CRPD, CEDAW and two Optional Protocols to CRC. The CEDAW report was submitted in December 2018 and other reports are expected to be submitted in 2019. In 2018, the HRS organized 39 round-table discussions, workshops and seminars to promote civil society space and engagement in peace processes and to enable civil society activists and human rights defenders to monitor, report and advocate on human rights. It further published a compilation of 34 provincial road maps for peace and facilitated advocacy events in 20 provinces with the participation of approximately 600 Afghans, including local authorities, civil society and media organizations. rights standards, in particular for the promotion and protection of women’s rights. Two draft policies, on women’s inheritance and property ownership rights and on the protection of women in war and emergencies, were resubmitted to the Cabinet’s Gender Committee for endorsement. The first draft policy aims at facilitating women’s economic empowerment and financial independence while the second is intended to ensure a holistic State response for the protection of women in the event of emergencies. In addition, following advocacy by the HRS and other partners, Presidential Decree No. 262 was issued, in March, amending the 2017 Penal Code to enable the 2009 Law on the Elimination of Violence against Women to remain applicable, including all crimes and punishments. This was necessary to ensure that women and girls have continuing legal protection from crimes of violence against women. In May, the Attorney General’s Office recruited 93 female prosecutors, thereby enabling the deployment of more female prosecutors to the provinces and districts and the increase in the number of female-headed prosecution units that are focused on cases of violence against women from 25 to 31. The number of courts dealing with these violations also increased from 15 in 2017 to 22 in 2018. with the Paris Principles through regular engagement, coordination of activities, the sharing of information and other support. The AIHRC maintained its “A” status and was in full compliance with the Paris Principles. During 2018, the Commission effectively engaged with the international human rights mechanisms and submitted a number of reports to the treaty bodies and the UPR. It also submitted cases of victims of enforced or involuntary disappearance, on behalf of their families, to the Working Group on Enforced or Involuntary Disappearances. The Commission led the committee responsible for the drafting of legal provisions criminalizing sexual violence against children, particularly bacha bazi, which were included in the new Penal Code that entered into force in February. The term of office for the Commissioners of the AIHRC expired in June. In July, a revised presidential order was issued setting out the procedure for the selection of new Commissioners. The order established a two-tier vetting system to ensure suitable qualifications and diversity among a final pool of 27 applicants. The President will select nine of these individuals to serve on the Commission. The HRS has been advocating to promote transparency and fairness in the selection process. Peace and Security (PS) Participation (P) A3 – The Government adopts measures to improve implementation of the 2009 Law on the Elimination of Violence against Women. It effectively investigates cases of violence against women, prosecutes perpetrators, and introduces measures to support victims. P1 – The Afghanistan Independent Human Rights Commission works in conformity with international standards (Paris Principles) especially in the areas of independence and improving female representation and access to adequate resources for independent functioning. As a result of advocacy and technical support provided by the HRS, various State institutions and programmes improved their compliance with international human The HRS contributed to the independent functioning of the AIHRC in conformity PS1 – The Government and armed opposition groups formulate, revise and strengthen policies, mechanisms and regulations to protect civilians and prevent civilian casualties; these comply with international humanitarian law and international human rights standards. civilians, in line with international human rights standards. The HRS regularly engaged in advocacy with the Government to promote the implementation of the action plan of the National Policy for Civilian Casualty Prevention and Mitigation and relevant orders to reduce civilian casualties during military operations conducted by the Afghan national security and defence forces. Moreover, the HRS also engaged with the Taliban to emphasize the importance of protecting civilians during the armed conflict. Between 1 January and 31 December, the HRS documented 10,993 civilian casualties, including 3,804 killings, representing a five per cent increase in overall civilian casualties and 11 per cent increase in civilian deaths compared to 2017. In addition, violence during the parliamentary elections, on 20 October, caused the most civilian casualties recorded in a single day in 2018 (435), as well as the most civilian casualties on any election day since the HRS began documenting such incidents in 2009. Finally, in May, the HRS submitted a confidential report to the Government on the prevalence of the recruitment and use of children by parties to the conflict. The report highlights that the practice of child recruitment is perceived as common in Afghanistan, with the Taliban being reported as the main perpetrators. Through the Afghan National Police Child Protection Unit, the Government took measures to prevent the recruitment and use of children in the ranks of the national and local police forces. Through monitoring and advocacy efforts, the HRS contributed to the establishment and functioning of mechanisms to protect Shifts: Prevention Civic Space UN HUMAN RIGHTS REPORT 2018 253