Geneva: UN HRC resolution on Afghanistan fails to deliver an adequate response to the escalating human rights crisis

Responding to the resolution on Afghanistan adopted yesterday at the 57th session of the United Nations Human Rights Council (HRC), which extended the vital mandate of the UN Special Rapporteur on Afghanistan but yet again failed to establish an independent international accountability mechanism for the country, Smriti Singh, Regional Director for South Asia at Amnesty International, said:

“The HRC has again shied away from sufficiently supporting justice for the people of Afghanistan who have placed their hopes in the international community. While it is notable that the UN HRC resolution recognises the need to investigate as well as to collect, preserve and analyse evidence of crimes under international law and other serious human rights violations in Afghanistan, it falls short of establishing an independent international accountability mechanism that can actually perform these functions.

“The HRC has yet again missed the chance to deliver an adequate response, advance accountability and justice, and deter further abuse of human rights as the Taliban continues to intensify and escalate their crackdown on the rights of the people in Afghanistan including through far reaching, draconian restrictions on the rights of women and girls. An independent international accountability mechanism that can identify perpetrators as well as investigate, collect, and preserve evidence is critical to effectively address past and ongoing violations as well as the pervasive impunity of over forty years that continues today.

The HRC has again shied away from sufficiently supporting justice for the people of Afghanistan who have placed their hopes in the international community.

Smriti Singh, Regional Director for South Asia at Amnesty International

“Shortcomings in this resolution also lets down brave activists, particularly women human rights defenders, journalists and others who pursue their work in the face of repression at a huge personal risk. Despite these shortcomings, the resolution on Afghanistan has recognised the principles outlined in the stocktaking on accountability options and processes by the UN Office of the High Commissioner on Human Rights (OHCHR).

“This is the furthest that the HRC has come towards acknowledging the importance of a comprehensive approach to accountability for past and ongoing violations. It is imperative that UN member states build on this and on the recognition of the need to collect and preserve evidence of human rights violations and move towards establishing an independent international accountability mechanism at the earliest opportunity.”

Background

The OHCHR stocktaking on accountability options and processes, mandated by the resolution on Afghanistan last year, was an  inadequate attempt by the UN Human Rights Council to address increasing calls from civil society, victims and survivors for stronger steps to support accountability for crimes under international law and other serious violations.  That said, the stocktaking marks the first time in recent years that the UN is debating how to address serious accountability gaps. The resulting OHCHR report emphasized the need for a comprehensive approach to effectively addressing accountability in Afghanistan and that this “should encompass all the different periods of the conflict and responsibilities of all parties and perpetrators.”