UN expert urges creation of Afghan accountability body amid rights concerns

Lama Fakih Acting Deputy Executive Director and Chief Program Officer
Lama Fakih Acting Deputy Executive Director and Chief Program Officer - Human Rights Watch
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The United Nations special rapporteur on Afghanistan, Richard Bennett, has reiterated his call for the establishment of a comprehensive mechanism to advance accountability in Afghanistan. This initiative aims to address grave past and ongoing rights abuses, particularly those against women and girls.

In his latest report, Bennett highlights various forms of discrimination faced by women and girls in Afghanistan. He points out their challenges in accessing justice and protection. Additionally, he notes that the current “justice” system is being used as a tool to oppress and silence rather than protect them.

Bennett recommends that states establish an independent accountability mechanism with a broad mandate. This would involve collecting and preserving evidence of serious abuses and international crimes, including gender persecution. The goal is to prepare case files to support prosecutions of those responsible.

Such an accountability mechanism could play a crucial role in addressing the impunity that has enabled the Taliban’s oppression of women and girls, as well as broader rights violations. It could also facilitate access to justice through efforts at the International Criminal Court, initiatives under the Convention on the Elimination of All Forms of Discrimination against Women at the International Court of Justice, and other forms of jurisdiction to hold perpetrators accountable.

While emphasizing justice for gender crimes as a priority for an Afghanistan accountability mechanism, Bennett aligns with several entities including the UN Office of the High Commissioner for Human Rights. He insists that any such mechanism should have a comprehensive mandate capable of addressing both past and ongoing rights abuses in Afghanistan. A coalition notes that genuine justice should not be compromised by double standards or selective investigations.

With growing consensus on this need, there is hope that the European Union will propose such a mechanism when it presents its annual resolution on Afghanistan in September. As the UN Human Rights Council prepares to discuss Bennett’s report next week, states from all regional groups are encouraged to express their support.



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