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
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