Afghanistan - Universal Periodic Review

UPR 32, January 21, 2019
Recommendations by Canada

Recommendations

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Thank you, Mr. President.

Canada welcomes the progress accomplished by the government of Afghanistan to protect human rights, particularly the implementation of laws to protect the rights of women and girls.

Canada recommends that Afghanistan:

1. Abide by the Convention on the Rights of the Child and the Afghan Child Protection Policy, notably by ending the unlawful recruitment and use of children in armed conflict and bringing the perpetrators to justice.
2. Ensure prompt and thorough investigations of violence against women and ensure that perpetrators are brought to justice in accordance with the EVAW Law.
3. Undertake a review of the security challenges faced during past parliamentary elections and apply the lessons learned to ensure the safety of Afghans during the upcoming Presidential election.
4. Prosecute those who attack or obstruct the work of journalists.

Despite ongoing challenges, more has to be done to implement human rights legislation through public education, training of officials, and ensuring access to justice.  Afghanistan’s current term on the UNHRC is an opportunity to reinforce Afghanistan’s commitment to implementing human rights laws and improving the protection of the rights of Afghans.

Background

According to UPR info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, Afghanistan received 371 recommendations during the first two cycles of the UPR, of which 307 (83%) were accepted. Canada’s recommendations during the last cycle were related to women and children’s rights, freedom of religion or belief, and detention.

The Afghan Constitution underlines the importance of the UN Charter and the Universal Declaration of Human Rights. Afghanistan is party to 10 human rights conventions and their optional protocols.  Commendable progress has been accomplished with the ratification of the Convention Against Torture and its Optional Protocol, the development of a new Penal Code and the adoption of several laws, such as the Law for the elimination of violence against women, the Anti-Harassment Law, the Law against torture, the Child Protection Policy and, more recently, the Anti-corruption Law.

The high level of armed conflict-related violence takes a severe toll on civilians and security forces. For the first 9 months of 2018, UNAMA reported that 2,798 civilians had been killed and 5,252 had been injured in attacks. More than half of civilian casualties in aerial strikes and 89% of victims of explosive remnants of war were children. For the first quarter of 2018, the UN Secretary General reported a three-fold rise in the recruitment and use of children in conflict, by militias and police forces.  Journalists and human rights defenders are increasingly faced with attacks by radical groups with impunity. In 2018, with 120 cases of violence against journalists including 13 deaths, Afghanistan ranked as the most dangerous country for journalists. Moreover its score on the Committee for the Protection of Journalists Global Impunity Index worsened to 6th place.

After the October 2018 parliamentary elections, UNAMA reported higher civilian casualties than in the last 4 elections with 56 killed and 379 injured.  A presidential election is planned in 2019.

Women and girls continue to be subjected to violence, including murder, beatings, mutilation, child marriage and sexual exploitation.  While the Law for the elimination of violence against women criminalises these practices, the enforcement of national legislation to protect women remains a challenge. In May 2018, UNAMA underlined a lack of diligence in investigating, prosecuting and punishing perpetrators of violence against women, as well as to providing reparations to the victims.

Freedom of religion or belief is hampered by violence and discrimination aimed at religious minorities and reformists.