STATEMENT BY SPECIAL RAPPORTEUR ON AFGHANISTAN

FIFTY FIFTH SESSION OF THE COMMISSION ON HUMAN RIGHTS

GENEVA, 6 APRIL 1999

ITEM 9: QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD


Situation of Human rights in Afghanistan


Check against delivery


Madam Chairperson,

I welcome this opportunity to address the Human Rights Commission as I present my first report after being appointed Special Rapporteur on Afghanistan in December 1998.

My predecessor, Professor Paik had resigned after serving for three years, following Professor Ermacora, who had served for over a decade since 1984.

I was deeply conscious when accepting this assignment that it would be unusually challenging. This year marks the twentieth year of the armed conflict, which was triggered by the incursion of foreign troops into Afghanistan in 1979. This conflict has devasted the country and its economy and inflicted untold suffering on the men, women and children of Afghanistan who have been victims of the continuing violation of their human rights.

The history of the Afghan people documents how deeply they have cherished their independence and had managed to preserve it over the centuries in the face of the competing interests of powerful neighbors. The last two decades tragically for them has been a period where externally supported contenders for power have torn the country apart, fragmented it, and forced out, of their homes over five million people, who are now refugees or internally-displaced persons.

The present juncture presents a challenge and an opportunity to explore prospects of peace. It is through a human-rights focused process of peace-building that meaningful steps can be taken towards improving the over-all human rights situation. It is important to place the current situation in the context of significant developments.

The Geneva Accords signed in 1998 had provided a framework for building peace. They had promised that upon the withdrawal of foreign troops (completed in 1989) conditions would be created which would enable Afghan refugees voluntarily to return to their country. These Accords had envisaged that non-intervention and non-interference in the internal affairs of Afghanistan would be internationally guaranteed, and that the United Nations would exercise a monitoring role in relation to the inter-related set of obligations created by the Accords.

It was thus expected that the human rights of the Afghan people would begin to be restored and safeguarded through the establishment of a broad-based representative government and the rule of law. This legitimate expectation remains unfulfilled to date.

After the withdrawal of foreign troops, Afghanistan became an arena of renewed armed conflict, where numerous armed groups competed to establish their overlordship, again with external support from different sources. The people continued to suffer as victims of the gross violations of human rights and the persistent breaches of international humanitarian law.

The most fundamental of the human rights violations has been to reduce the people of Afghanistan for such a long period to becoming virtual hostages in their own land or refugees while externally armed forces seek to rule Afghanistan without the effective participation or consent of its people.

The United Nations Charter, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to which Afghanistan is a party, recognise the right to self-determination of peoples, and the right of everyone, “to take part in the governance of his country directly or through freely chosen representatives” and further provides that “the will of the people shall be the basis of the authority of government” and that “this will shall be expressed in periodic and genuine elections, which shall be by universal and equal suffrage, and shall be held by secret voting or equivalent free voting procedures”. These words of Article 21 of the Universal Declaration are more fully elaborated in Article 25 of the International Covenant on Civil and Political Rights.
Talks were initiated in Ashkabad on 14 March 1999, involving the efforts of the U.N. Secretary-General’s Envoy in Afghanistan, to explore the prospects of peace through arriving at an agreement on the establishment of a broad-based government. The next round of talks is expected to be held shortly.

A daunting challenge is presented for those who are to undertake peace-building by the ground realities, which may be described as follows:

- Nearly all institutions of governance are in a state of collapse;
- Over three million refugees still live outside Afghanistan;
- Over two million people are internally displaced;
- Over 700 square kilometers are known to be contaminated with landmines and unexplored ordnance;
- Food consumption per capita is still lower than before the war;
- Chronic malnutrition exists in most parts of Afghanistan;
- Hardly any girls and only 24 per cent of boys attend schools;
- The infant and maternal mortality rates are among the highest in the world;
- One million houses need rebuilding;
- In most of the country, women suffer deprivation due to widespread poverty, low literacy levels, limited opportunities to participate in public life, limited avaibility of health care facilities and restrictions on employment of women in urban areas;
- The country has acquired the dubious distinction of being the world’s largest producer of narcotic substances:

During the latest phase of the armed conflict, the Taliban forces made significant military gains. While the seek international recognition, they continue to pursue policies which are in conflict with international human rights standards recognised by international human rights instruments to which Afghanistan is a party.

I refer to my predecessor’s 1998 Report and his 1998 Interim Report, which record alleged massacres and summary executions, outbursts of ethnic and sectarian violence and other violations of human rights, ranging from the infliction of inhuman and degrading punishments to systemic gender discrimination, including denial to women of access to health, education, medical care and employment. The Interim Report of 1998 had been sent to the Taliban representatives. By their note verbale of 21 October, 1998, they had contested these allegations, stating that these had not been verified and that no mention had been made of cases “where thousands of unarmed and peace-demanding Taliban were tortured”. Their response had concluded with an appeal “to humanitarians of the world to please heal the wounds of the Afghans”. I have unequivocally stated in my report that the healing of the wounds of the Afghans requires an end to human rights violations.

Despite time constraints and security restrictions, I was able to visit Kabul from 16 to 18 March, 1999. I also visited Islamabad and Peshawar, where I was able to meet a cross-section of Afghan refugees.

During my visit to Kabul, my attention was drawn to the fact that law and order had been restored to a degree where people could carry on some of their normal avocations - going to market, opening shops or having their children attend some of the schools which had begun to function. But it is noteworthy that at the end of each day curfew come into force at 9 p.m. It was pointed out that the restrictions imposed on the rights of women had been relaxed in some respects. A few women doctors and nurses were seen at work in a hospital attending to female patients. I was also informed that access of girls to education could be expected to increase if more of the war-damaged schools were re-opened. A recent edict had granted exemption to needy widows, from the restriction against the employment of women in urban areas.

It was represented to me that these developments called for maintaining and enhancing humanitarian assistance, as it was argued that this would contribute towards improving the human rights situation.

In order to evaluate the cogency of this argument a more comprehensive assessment of the human rights situation is necessary. This would involve further visits on my part as Special Rapporteur and would be helped by visits of the thematic Special Rapporteurs on extra-judicial, summary executions or arbitrary execution, on torture and on violence against women. The United Nations investigation into the massacres may also provide material which would be useful for such an assessment.

The improvement of the overall human rights situation would require the emergence of a framework for building peace through an inclusive participatory process involving continuing consultations with all segments of the Afghan people, aimed at establishing a broad based, multi-ethnic and fully representative government.

This process needs to be sustained and would require the support of the international community, and in particular, of the Six-Plus-Two group of states. It is of critical importance to stop the flows of arms since apprehension was expressed that the onset of spring there may be a resumption of conflict, as it was reported that there are visible signs of fresh military supplies to all sides. This would expose the local population to gross violations of human rights, ranging from revenge killings to starvation from blockades, and would jeopardize the peace process.

A transition process is thus to be aimed for within an agreed framework, during which the international community must use its resources to support that process and in particular commit itself to the actions outlined in Part III of my written report, in particular the following:

(1) The process must be human-rights focused to be pursued through constructive dialogues among all participants on the effective implementation of human rights.

(2) The Secretary-General should ensure that all UN activities in Afghanistan are carried out taking into account the principle of non-discrimination against women and girls and that a gender perspective and special attention to the human rights of women and girls are fully incorporated into the work of the civil affairs unit of UNSMA, including the training and selection of staff.

(3) All parties to the Afghan conflict should be urged to reaffirm publicly that they are committed to safeguarding internationally recognised human rights and to take measures to prevent human rights abuses. Such measures should include accepting independent and impartial procedures for investigating report of human rights abuses and breaches of humanitarian law.

In conclusion, I cannot overemphasise that the programme for building a lasting peace must give due place to the aim of the progressive realisation of the human rights of all the Afghan people - the men, women and children of Afghanistan.

Thank you Madam Chairperson.