IBAHRI concerned by Taliban’s travel ban on the UN Special Rapporteur on Afghanistan

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IBAHRI concerned by Taliban’s travel ban on the UN Special Rapporteur on Afghanistan
The International Bar Association’s Human Rights Institute (IBAHRI) has expressed concern over the Taliban’s 20 August 2024 announcement prohibiting Richard Bennett, the United Nations-appointed Special Rapporteur on Afghanistan from entering the country. Mr Bennett was due to visit Afghanistan to critically assess the nation’s human rights situation as mandated by the UN Human Rights Council Resolution 48/1.

Announcing the ban, the Taliban spokesperson Zabihullah Mujahid is reported to have criticised Mr Bennett’s accounts of the human rights situation in Afghanistan, claiming that his travel was prohibited because ‘he was assigned to spread propaganda in Afghanistan’.

In the time since the ban, the Taliban has ratified the ‘Law on the Promotion of Virtue and the Prevention of Vice’, with 35 articles significantly restricting the rights of the Afghan population. Among others, these laws particularly reinforce existing restrictions on women’s fundamental human rights. Article 13 prescribes that women must completely veil their bodies at all times and cannot speak or show their faces outside their homes.
IBAHRI Co-Chair and Past Secretary General of the Swedish Bar Association, Anne Ramberg Dr Jur hc, stated: ‘The Taliban’s decision to prevent Mr Bennett from travelling to Afghanistan raises serious concerns. Since taking back control of Afghanistan, the Taliban have restricted women’s and girls’ most fundamental human rights. By keeping them out of nearly every sphere of public life, they have imposed what is accurately termed “gender apartheid”. It is imperative that the international community continues to monitor the situation and advocate for the freedoms of Afghan women and girls.’

IBAHRI Co-Chair and former President of the Commonwealth Lawyers Association, Mark Stephens CBE, commented: ‘Denying the Special Rapporteur entry into Afghanistan evades international accountability for the Taliban’s ongoing violations of women’s and girls’ human rights. It is yet another setback for human rights monitoring in the country. In order to fulfil his mandate as a Special Rapporteur under Resolution 48/1, Richard Bennett requires unrestricted access to Afghanistan, the ability to interact with pertinent parties, and the full support of those parties. The IBAHRI calls for him to be given everything he needs in order to carry out his mandate effectively.’ 

Mr Bennett commented that the Taliban’s decision was a ‘step backwards and sends a concerning signal about their engagement with the United Nations and the international community on human rights.’. He confirmed that he will continue to engage with the people of Afghanistan and other relevant stakeholders both inside and outside the country. He has also emphasised his commitment to documenting human rights violations and abuses, including through a digital repository.

Assigned to the role in April 2022, Mr Bennett was initially scheduled to visit Afghanistan in the second half of 2023. However, he received information in October 2023 that a country visit would not be welcomed. He delayed the request to visit until 2024.

In June 2024, Mr Bennett released a thematic report that provided an intersectional analysis of the institutionalisation and upholding of a system of discrimination, segregation and exclusion of women and girls. Mr Bennett is a strong advocate for the restoration of basic human rights for all, including for women and girls and minorities in the country.

On 14 August 2024, the third year of Taliban rule, Mr Bennett was one of a group of UN experts who urged the international community not to normalise the de facto authorities. In the statement, the situation of women and girls in Afghanistan was referred to as deliberate subjugation, with Afghans reportedly describing it as ‘gender apartheid’. This was not the first time Mr Bennet raised the issue. In a 2023 report, he described the disrespect for the fundamental rights of women and girls as ‘unparalleled’.

ENDS

1. Background

Following the withdrawal of Western and American forces from Afghanistan in August 2021,  the Taliban reclaimed control of the country and instituted a de facto government. Since then, the progressive erosion of women’s rights has been documented in multiple independent reports as one of the most noteworthy aspects of the Taliban’s return. Additionally, they have suppressed dissent by restricting media freedoms and clamping down on protests.
Concerned about the state of human rights in Afghanistan, the Human Rights Council adopted resolution 48/1 on 7 October 2021, establishing the mandate of Special Rapporteur on the situation of   human rights in Afghanistan. The following human rights violations were documented: extrajudicial or summary executions; arbitrary detentions; violence against peaceful protestors, journalists and media representatives; reprisal raids on offices of non-governmental organisations and civil society groups; violations and abuses of the human rights of women and girls; targeting of persons belonging to ethnic and religious minorities, former military personnel and those who had worked for the Government of Afghanistan

2. The role of Special Rapporteurs

Special Rapporteurs are independent experts responsible for examining, monitoring, advising and publicly reporting on human rights concerns around the world. They are appointed, on a pro bono basis, by the UN Human Rights Council because of their expertise. In order to conduct their work effectively, Special Rapporteurs need to conduct country visits. These allow them to collect first-hand evidence, engage with victims/survivors and local civil society organisations to inform their findings and recommendations