| United Nations | A/50/567 |
General Assembly
Distr. GENERAL
16 October 1995
ORIGINAL:
ENGLISH
Fiftieth session
Agenda item 112 (c)
HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATION AND
REPORTS OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
Situation of human rights in Afghanistan
Note by the Secretary-General
The Secretary-General has the honour to transmit to the members of the
General Assembly a brief interim report on the situation of human rights in
Afghanistan prepared by Mr. Choong-Hyun Paik, Special Rapporteur of the
Commission on Human Rights, in accordance with Commission on Human Rights
resolution 1995/74 of 8 March 1995 and Economic and Social Council decision
1995/285 of 25 July 1995.
95-31216 (E) 301095/...
*9531216*
ANNEX
Interim report on the situation of human rights in Afghanistan
submitted by the Special Rapporteur of the Commission on Human
Rights in accordance with Commission resolution 1995/74 and
Economic and Social Council decision 1995/285
CONTENTS
Paragraphs Page
I. INTRODUCTION ..........................................1 - 103
II. BRIEF OUTLINE OF THE POLITICAL SITUATION ..............11 -164
III. REBUILDING THE WAR-TORN SOCIETY OF AFGHANISTAN ........17 -276
IV. VISITS TO STRIFE-FREE AREAS OF AFGHANISTAN ............28 -578
A. Kabul .............................................28 - 468
B. Jalalabad .........................................47 - 5011
C. Mazar-i-Sharif ....................................51 - 5712
V. PAKISTAN ..............................................58 -6313
VI. CONCLUSIONS AND RECOMMENDATIONS .......................64 -9314
A. Conclusions .......................................64 - 7814
B. Recommendations ...................................79 - 9316
I. INTRODUCTION
1. A special rapporteur was first appointed to examine the human rights
situation in Afghanistan in 1984 by the Chairman of the Commission on Human
Rights, who had been requested to do so by the Economic and Social Council
in its resolution 1984/37 of 24 May 1984. Since then, the mandate has been
renewed regularly by resolutions of the Commission, endorsed by the
Economic and Social Council, in which the Special Rapporteur was requested
to submit reports to the Commission and to the General Assembly. The
former are contained in documents E/CN.4/1985/21, E/CN.4/1986/24,
E/CN.4/1988/25, E/CN.4/1989/24, E/CN.4/1990/25, E/CN.4/1991/31,
E/CN.4/1992/33, E/CN.4/1993/42, E/CN.4/1994/53 and E/CN.4/1995/64 and the
latter in the annexes to documents A/40/843, A/41/778, A/42/667 and Corr.1,
A/43/742, A/44/669, A/45/664, A/46/606, A/47/656, A/48/584 and A/49/650.
2. At its fifty-first session, the Commission on Human Rights decided, by
its resolution 1995/74 of 8 March 1995, to extend the mandate of the
Special Rapporteur for one year, an extension which was approved by the
Economic and Social Council in its decision 1995/285 of 25 July 1995.
3. At its forty-ninth session, after considering the report submitted to
it by the Special Rapporteur, the General Assembly, by its resolution
49/207 of 23 December 1994, decided to keep under consideration at its
fiftieth session the situation of human rights in Afghanistan, in the light
of additional elements provided by the Commission on Human Rights and the
Economic and Social Council.
4. Subsequent to the renewal of the mandate by the Commission on Human
Rights at its fifty-first session, and in accordance with past practice,
the newly appointed Special Rapporteur briefly visited the area in order to
obtain a preliminary impression. He visited Pakistan on 25, 30 and 31
August 1995 and Afghanistan from 25 to 29 August 1995.
5. The Special Rapporteur has the honour to submit his interim report to
the General Assembly, which was finalized on 30 September 1995, in
compliance with Commission on Human Rights resolution 1995/74 and General
Assembly resolution 49/207.
6. The new Special Rapporteur on the situation of human rights in
Afghanistan, Mr. Choong-Hyun Paik, was appointed in April 1995. Following
a visit to Geneva in May 1995 to attend the annual meeting of special
rapporteurs, he proceeded to acquaint himself with the situation in
Afghanistan and his first mission to Afghanistan was a brief one. He had
envisaged that he would visit most parts of Afghanistan on this visit, i.e.
the region administered by President Burhanuddin Rabbani including Kabul
city and Herat. He also expected to visit Mazar-i-Sharif, the area in the
northern region controlled by General Dostum, and Kandahar in the southern
region, controlled by the Taliban militia. However, the outbreak of
hostilities reportedly initiated by the Taliban prevented visits to Herat
and Kandahar. During the period when the Special Rapporteur was in the
neighbouring region, he received reports of bombardments and fighting in
the southern and western parts of Afghanistan.
7. Although visits to Kabul, Jalalabad and Mazar-i-Sharif took place as
scheduled, in view of the foregoing, the Special Rapporteur was unable to
acquaint himself with the situation as it exists in the south-western and
some central parts of Afghanistan, and envisages remedying this situation
during the course of the next mission which he hopes to undertake, assuming
that the prevailing security situation would permit such a mission.
8. The Special Rapporteur wishes to express his sincere appreciation to
the Governments of Afghanistan and Pakistan for extending their full
cooperation during the course of the mission. He also wishes to thank the
provincial authorities in Jalalabad and Mazar-i-Sharif for the valuable
assistance accorded to him when he visited those areas.
9. The Special Rapporteur wishes to thank the Office of the Secretary-
General in Afghanistan and Pakistan (OSGAP) and the United Nations Office
for the Coordination of Humanitarian Assistance (UNOCHA) for the most
efficient logistical support, especially as plans had to be changed at very
short notice after news of renewed fighting was received.
10. The Special Rapporteur also wishes to thank the United Nations
Development Programme (UNDP) and the Office of the United Nations High
Commissioner for Refugees (UNHCR) for the kind assistance which they
extended to him in the field.
II. BRIEF OUTLINE OF THE POLITICAL SITUATION
11. The mediation efforts by the United Nations to assist in arriving at a
peace accord were once again resumed on behalf of the Secretary-General.
The head of the United Nations Special Mission to Afghanistan, Ambassador
Mahmoud Mestiri, held further meetings with President Rabbani in early
January. Discussions continued and meetings were held with prominent
Afghan leaders in order to find a negotiated solution to the crisis in the
country. Amongst those with whom the Special Mission held talks were the
British Foreign Secretary, Mr. Douglas Hurd, General Dostum, the Governor
of Herat province, Mr. Ismail Khan, and representatives of the Taliban.
The Special Mission continued to hold talks with prominent Afghans in
Peshawar, Pakistan. As a result of intensive consultations on the peace
efforts with all political parties and discussions with foreign
representatives, it was announced by the Special Mission that under an
agreement with all parties involved, a broadly based mechanism for the
transfer of power was expected to be convened before 20 February 1995.
This was to be followed by the establishment of a country-wide cease-fire.
The Special Mission continued its efforts in Kabul to negotiate a peaceful
transfer of power with the different political parties in Afghanistan,
including the Taliban. Discussion continued during March 1995. On 20
March, Professor Abdul Sattar Sirat, together with Mr. Sultan Mohamed Ghazi
and Mr. Abdul Ahmad Karzai, on behalf of the United Nations Special
Mission, reiterated the previous announcement made on 12 March 1993 in
Kabul. The announcement outlined the conclusions and agreements reached
and included the following:
(a) A committee consisting of experienced Afghan military officers and
commanders had been established with the responsibility of forming a
national security force;
(b) Agreement was also reached with regard to the formation of a council
or mechanism at the national level which would consist of two
representatives from each province of Afghanistan. In addition, 15 to 20
independent personalities from inside and outside Afghanistan were to be
nominated to this committee by the United Nations, in consultation with the
concerned parties. The following procedure was to be adopted for that
purpose: each province was required to form a council composed of ulemas,
tribal leaders, former mujahideen and experienced political and
administrative personalities who were residents of that province. This
council would have the responsibility to choose the two representatives for
the national council or mechanism. They were required to meet the
following criteria: the individuals were to be Afghan Muslims who were
residents of the province over the age of 25 years and have no criminal
record. The provincial representatives elected in this manner would be
presented to the United Nations Special Mission and its Afghan Working
Group either directly or through the United Nations officers in
Afghanistan.
12. On 29 June 1995, Sardar Abdul Wali Khan, the Special Envoy of Zahir
Shah, the former King of Afghanistan, held discussions in Islamabad with
Afghan personalities including representatives of various Afghan tribes and
representatives of the Government of Pakistan. It was reported that he
considered that a Loya Jirga (Grand Assembly) would be the only solution
for Afghanistan and that the former King would agree to play his part in
bringing peace to the country.
13. On 18 July 1995, the head of the United Nations Special Mission,
Ambassador Mestiri, arrived in Islamabad to resume his efforts for a
peaceful settlement in Afghanistan. He travelled first to Jalalabad where
he had consultations with Governor Haji Abdul Qadir and members of the
Supreme Coordination Council. From there, he proceeded to Kabul where,
during a threeday stay, he held discussions with President Rabbani,
Commander Ahmad Shah Masood and other Afghan personalities. He then
proceeded to Kandahar where he met with the Taliban shura (local council).
He also travelled to Herat to hold talks with Governor Ismail Khan and then
on to Mazar-i-Sharif for discussions with General Dostum. Finally, he
returned to Parachinar, a town on the border with the North West Frontier
Province of Pakistan, for a meeting with Mr. Gulbudin Hekmatyar, leader of
Hezb-i-Islami of Afghanistan. He concluded his visit with discussions with
the Prime Minister of Pakistan, Ms. Benazir Bhutto. Then he met with the
Secretary-General of the Organization of the Islamic Conference (OIC) for
further consultations. Ambassador Mestiri was encouraged by the positive
and useful discussions which he held with the various Afghan leaders and
the overwhelming desire for peace among the Afghan people.
14. Parallel to these initiatives, intermittent factional fighting has
continued. However, the factional fighting seems to be concentrated only
in certain areas bordering territories under the control of the different
commanders, including the area controlled by the authorities in Kabul.
According to information received, especially from non-governmental
organizations (NGOs) active in the rural areas, most of Afghanistan is
peaceful.
15. Apart from the previous initiatives taken by the Office of the
SecretaryGeneral in engaging rival parties in negotiations and dialogue at
the national level, the head of the Special Mission resumed his peace
efforts on 14 September through visits to Kabul, Jalalabad, Mazar-i-Sherif
and Kandahar.
16. Emergency humanitarian aid provided by various United Nations bodies
and NGOs continues.
III. REBUILDING THE WAR-TORN SOCIETY OF AFGHANISTAN
17. Afghanistan has been confronted with a situation of strife and
conflict for more than 16 years. Since the conflict began, nearly half of
the population of the country have left their homes in search of safety,
either crossing the border into neighbouring Pakistan and the Islamic
Republic of Iran or moving to another part of Afghanistan. It is estimated
that more than 1 million people were killed in Afghanistan before the
withdrawal of Soviet troops and the change of Government in April 1992.
More than 25,000 persons are believed to have been killed in Kabul since
April 1992 as a result of civil war between mujahideen armed groups
affiliated with different political parties and factions.
18. Although a major part of Afghanistan is peaceful and there is a
relative stability in the country not witnessed for many years, the more
than 16 million people of Afghanistan are struggling to survive. Efforts
by United Nations bodies and NGOs are directed towards strengthening the
peace process and stability by providing an alternative to conflict by
implementing plans and incentives for rehabilitation and reconstruction at
the district level without waiting for a permanent solution.
19. It is undoubtedly a daunting task because the situation in terms of
the needs of the country is grave. According to the Human Development
Index, Afghanistan is the third poorest country in the world. Only a small
minority of Afghans have access to safe water, sanitation, health care and
education. More than one third of Afghan babies do not survive beyond the
age of five. Afghanistan has the second highest infant mortality rate in
the world at 164 per 1,000 live births.
20. The activities of UNDP are central to funding, coordinating
rehabilitation and development. The "Action Plan for Immediate
Rehabilitation" of October 1993 was a result of the joint effort of
representatives of Government, United Nations agencies and the NGO
community. It is considered to be the only comprehensive, jointly agreed
statement of country-wide and sector-wide rehabilitation priorities. The
five main programmes currently being funded by UNDP are in respect of
animal health, rehabilitation of the disabled, rehabilitation of irrigation
and flood control structures, urban rehabilitation programmes and crop
production and improvement programmes.
21. Humanitarian aid to Afghanistan is coordinated by the United Nations
Office for the Coordination of Humanitarian Assistance to Afghanistan
(UNOCHA) and includes assistance for voluntary repatriation, emergency
provision of shelter, water supply, food aid, sanitation, health care and
mine clearance. Afghanistan is the most densely mined country in the
world. It is estimated that the country has 10 per cent of the estimated
100 million mines laid in 64 countries of the world. The mine clearance
programme is therefore of the utmost significance for the people of
Afghanistan. In the latest consolidated interagency appeal for emergency
humanitarian assistance for Afghanistan, UNOCHA estimates that at the
planned implementation rate, it will take another four years to clear the
remaining priority areas in Afghanistan. Over 10 square kilometres of
priority areas in 16 provinces were cleared in the previous sixmonth
period. Since the beginning of the programme in 1989, 45.1 square
kilometres have been cleared and more than 9 square kilometres in 13
provinces were surveyed. Mine clearance training was provided to 1,457
students.
22. Voluntary repatriation, with the assistance of UNHCR, continues,
especially to the areas which are not affected by the civil war. It is
estimated by the Tripartite Repatriation Commissions (TRC) that 500,000
persons from the Islamic Republic of Iran and 200,000 from Pakistan would
be returning to Afghanistan during the course of this year.
23. The World Food Programme (WFP) has provided food aid and an estimated
2 million people in Afghanistan have benefited under various projects
including food-for-work activities. During 1995, the care and maintenance
programme will be phased out from refugee camps in Pakistan in order to
meet the increased needs for emergency assistance within Afghanistan.
24. Safe drinking water is available to less than one family in eight in
the major cities. The majority of the Afghan population relies on
traditional systems of water and sanitation and is therefore open to health
risks from shallow water contaminated by accumulated waste. The United
Nations Children's Fund (UNICEF) and the United Nations Centre for Human
Settlements (Habitat) plan to continue with their programme designed to
improve the water supply through installation of handpumps on communal
wells and chlorination of shallow wells. An improvement in this regard
would have a direct result on the infant mortality rate since 42 per cent
of all deaths of children under five are caused by diarrhoea and
dehydration.
25. Most of the 70,000 wounded who were treated in hospitals in Kabul,
Jalalabad and Mazar-i-Sharif in 1994 were women and children. The World
Health Organization (WHO) together with UNICEF carried out intensive
vaccination and other programmes to deal with malnutrition, provided
medical supplies and set up clinics as well as educational and training
programmes for women.
26. The total cost of the emergency humanitarian aid programmes of the
United Nations described above was US$ 122 million for the period October
1994 to September 1995. As of 30 September US$ 94 million were available,
leaving a shortfall of US$ 28 million.
27. The programmes of humanitarian assistance of the United Nations
continue, together with those of a large number of NGOs active in such
sectors as animal husbandry, education, health care and sanitation.
Activities are carried out in both urban and rural areas and in areas
subject to factional warfare, as well as in strife-free areas of the
country.
IV. VISITS TO STRIFE-FREE AREAS OF AFGHANISTAN
A. Kabul
28. The Special Rapporteur was received by the Deputy Foreign Minister,
Mr. Ghafoorzai, and a very useful exchange of views took place. Many
issues were raised and discussed. As a result, a list of some 300 recently
released prisoners of war was given to the Special Rapporteur. The
released prisoners included 23 foreigners, 32 members of Hezb-i-Islami, 21
members of Wahdat, 94 supporters of General Dostum and 145 Taliban members.
29. Mr. Ghafoorzai expressed a strong commitment to all the human rights
conventions to which Afghanistan is a party and invited the Special
Rapporteur to feel free to travel everywhere and meet with anyone he wished
to see. He stated that the authorities in Kabul attached great importance
to the work and views of the United Nations Commission on Human Rights and
said that it was their goal to strive for improvement of the situation in
Afghanistan. However, 16 years of war had complicated the process of
improvement. He urged the Special Rapporteur to investigate the root
causes of the violations of human rights which took place while keeping in
mind that there existed nine different factions in the country with
conflicting viewpoints. In order for his Government to cooperate
meaningfully it was necessary for the situation, beginning with the
political situation, to improve. The will of the people was supreme and he
hoped that a Loya Jirga (Grand National Assembly) would be installed within
a year and that a constitution would be adopted by the people. He appealed
for United Nations mediation in establishing a mechanism in pursuance of
the will of the people. Referring to the situation of women in the Islamic
tradition, the Deputy Minister stated that traditionally, the veil was
accepted. However, he pointed out that there were 283 high-ranking women
officers in the army and 18 women diplomats in the foreign service;
furthermore, there were 2 female helicopter pilots. Referring to rights of
minorities, he said that there had been a clear improvement and that many
of those who had fled were returning and were able to reclaim their
confiscated properties.
30. The Special Rapporteur stated that Afghanistan occupied an important
place in the Central Asian region. However, any political disagreements
could only be settled internally by the people of Afghanistan themselves.
The Special Rapporteur was concerned only with the situation of the people
of Afghanistan. Any violation of their human rights was of concern to him.
He realized that the violations of the human rights of the people of
Afghanistan were caused by extraneous factors. However, bombardment of
civilians could never be acceptable or justified under any circumstances,
no matter who the perpetrator was. The Deputy Minister reiterated that the
reconstruction of Afghanistan would be a great struggle.
31. The Special Rapporteur noted that women and children were the primary
victims in war situations and expressed the hope that the international
community would assist the people of Afghanistan in their efforts to
rebuild the country.
32. The Special Rapporteur had meetings with Lt. Gen. Suhila and Col.
Razia at the military hospital in Kabul. During the discussions, Lt. Gen.
Suhila said she had never encountered any difficulties in the course of her
work and that she had over 1,000 men working under her. She informed the
Special Rapporteur that there were 90 women working at the hospital out of
a workforce of about 400 persons. Many of the women were deans in the
various faculties at the University of Kabul. Fifteen women had graduated
this year from the medical faculty attached to the military hospital and at
least half of the students were women. The interruption in women's
education was caused by the heavy rocketing and bombardments of Kabul,
causing all schools and universities to close. However, as a result of the
peace and the calm which had prevailed during the year, schools and
universities had reopened. There were separate schools for boys and girls
but there was co-education at the university level. Women were able to
take up jobs again and kindergartens had reopened in Kabul. The military
hospital had a kindergarten for all employees providing care and food for
the children of all the staff free of charge.
33. She also described facilities for training nurses at the Special
Nursing Institute attached to the hospital, which was a teaching hospital.
She stressed the importance of ending the war and said that the first
priority was peace, without which no progress could be achieved.
34. The Special Rapporteur held meetings with members of the Ministry of
Justice and other legal departments who explained the various policy-making
and other legal structures. In addition, the Special Rapporteur was
informed about the various schemes and methods which were set up to deal
with the property rights of the returning refugees and the legal incentives
to encourage refugees to return, including tax reductions and other efforts
to assist those who had businesses abroad. A special decree regulated the
recovery of properties of returning refugees.
35. Meetings were later held with officials dealing with repatriation in
the Ministry of Repatriation. They explained their role and how efforts
were coordinated in dealing with refugee problems through the two
Tripartite Commissions established with the Islamic Republic of Iran and
Pakistan. The Commissions met on a rotating basis in the three countries
and the last meeting was held in July 1995 in Pakistan. The next meeting
was scheduled to take place in the Islamic Republic of Iran in September.
The Special Rapporteur was informed about difficulties faced regarding the
repatriation of refugees from the Islamic Republic.
36. He also exchanged views and held discussions with the Attorney
General, Mr. Mohamed Quasem, and five other officials. The Special
Rapporteur was informed that Afghanistan was an Islamic State and regulated
by the Islamic Shari'a. The following issues were discussed: the question
of applicability of laws in different circumstances; the court and appeal
systems and the international treaties which are binding on Afghanistan;
the question of the legal rights of refugees regarding properties and
businesses owned in the host country before return; and better protection
of women and children. When the Special Rapporteur raised the issue of
possible complaints regarding lack of due process of law, he was informed
that a provision existed under the law which would "restore the dignity of
wrongfully tried or convicted persons".
37. During a meeting with the First Vice-President of the National
Security Department, Mr. Ali First, the Special Rapporteur was informed
that violations of human rights in the form of abductions and torture did
occur but they often took place in areas which were not yet under the
control of the authorities in Kabul. Steps were being taken to afford
better protection against violations of human rights. The Special
Rapporteur was informed that efforts by organizations like the
International Committee of the Red Cross, Amnesty International and other
NGOs received full support. The questions of drug trafficking and the
growing of opium were discussed and it was stated that the authorities in
Kabul were committed to a complete halt to and prevention of the
cultivation of opium.
38. The question of the preservation of the cultural heritage of
Afghanistan was also dealt with. There was an urgent need to renovate
damaged works of arts and facades and to secure the return of looted
articles from those who had obtained, through illegal means, what could be
regarded as parts of the national heritage.
39. In a meeting with the President of the Supreme Court, Acting Chief
Justice Murad, the system of civil and criminal actions was discussed. A
legal aid system and the legal representation of children were among the
topics discussed.
40. In further discussions regarding protection of rights, the officials
from the President's office gave a detailed account of the different
departments which dealt with questions concerning nationality, drafting of
decrees and laws, complaints from aggrieved parties and appeals. The
Special Rapporteur was informed that special attention was given to respect
for human rights, notably freedom of expression: no censorship was imposed
or permitted. The property rights of refugees were protected by a special
decree supported by President Rabbani. Properties confiscated under
previous regimes had been returned to the owners and restitution was given
for violations of rights from which 40,000 to 50,000 families had
benefited. A special commission was set up to estimate the damages.
However, due to a shortage of funds only US$ 100 per family could be
awarded to the families who were in greatest need.
41. The Special Rapporteur then met with returnee families. Among the
interviewed were families who had left Afghanistan, families who were
internally displaced and those who had previously lived in a suburb of
Kabul which was destroyed by bombs and rockets. All those interviewed
had suffered immensely from the death and abduction of family members,
separation from and loss of contact with family members and a desperate
financial situation which made dayto-day living precarious. In one case, a
sick child could not be taken to the doctor as the mother had no money. A
visit to one three-room apartment revealed that it was being used to house
four families, each consisting of between six and nine people. The modest
rent collected was set aside for payment to the owner on his eventual
return, and leases were of very short term so that the returning owner
would not have to wait for too long to gain vacant possession.
42. The Special Rapporteur witnessed the extent of destruction and
devastation to which Kabul was subjected. In many cases, there is no
possibility of restoring the damaged structures, the only solution being
that of building ab initio.
43. According to information received, there was a steady stream of
returnees to Kabul. New businesses were reopening every week and life was
beginning to return to normal. The Special Rapporteur had meetings with
several families who had returned recently and restored their homes which
had been damaged during the wars. Schools were seen to be functioning
again and returning schoolchildren included girls.
44. The Special Rapporteur had the opportunity to meet with a mine
clearance team who gave a detailed account of their activities. He noted
that the training given before undertaking this difficult task was never
total protection against the dangers attached to such work; a member of the
team had sustained severe facial injuries that morning and was evacuated to
the ICRC hospital for treatment.
45. The Special Rapporteur was briefed by a large and distinguished group
of lawyers who belonged to the Lawyers Association of Afghanistan.
46. At a meeting with Mr. Peter Stocker of ICRC, the Special Rapporteur
was able to gain an insight into the enormously important humanitarian work
undertaken by the organization. The Special Rapporteur was informed that
ICRC worked in an atmosphere of mutual trust and confidence.
B. Jalalabad
47. Dr. Amin-ul-Haq gave the Special Rapporteur a detailed account of how
the shura operated in an atmosphere of peace, with representation from all
the political parties. It was created soon after the Islamic Revolution
took place. He stated that there were four high schools for girls and that
the university had about 200 female students at the medical institute;
there were also women doctors in the hospitals of Jalalabad. There were
between 300,000 and 400,000 internally displaced persons in Jalalabad in
five camps.
48. The Special Rapporteur exchanged views with the Deputy Governor of
Nangarhar, Dr. Mohamed Asif, the Chancellor of Jalalabad University, Dr.
Faizal Ahmed Ibrahimi and the President of Information and Culture, Maulawi
Abdul Rashid. During the course of this meeting, there was an exchange of
views and the Special Rapporteur was given a detailed picture of the
situation of women. He was informed that about 20 per cent of the students
in the Faculties of Agriculture and Engineering and half of those in the
Faculty of Medicine were women, because they were given equal access and
opportunities in education. There was relative stability in the country
but in the absence of a central authority, many difficulties persisted.
During the course of the previous three and a half years the administration
in the region had been independent. The repatriation of the internally
displaced persons would be greatly accelerated and facilitated once the
situation in the country became stable. He attributed the peaceful
conditions in Jalalabad to the fact that there was a shura on which were
represented members of all nine political parties. The shura took
decisions on behalf of the people and strived for peace and neutrality
without backing any particular political party.
49. The Special Rapporteur had an opportunity to visit a prison in
Jalalabad and had a meeting with the superintendent of the prison. There
were no political prisoners present. There was, however, a young boy who
was obliged to stay with his father, who had been tried for murder and
awaited sentencing, because there was no one to take care of him. The
prison conditions were difficult, especially as no food was given to them
(it was the responsibility of the relatives of the prisoners to bring food
once a week; those who had no relatives had to petition the shura or rely
on other inmates). Prisoners lived in collective cells and were given
instruction in Islamic prayers. There was a great need for financial
support and a strong plea was made by the superintendent to facilitate,
among other things, vocational training programmes for the prisoners. A
small number of beds had recently been provided by ICRC.
50. A visit was made to a displaced persons camp on the outskirts of
Jalalabad. The inhabitants of the camp complained about the reduction in
their rations and the imminent stoppage of all food rations. They were
reluctant to go back to Kabul. They expressed a desire to remain where
they were if they could obtain permanent employment.
C. Mazar-i-Sharif
51. During his visit to Mazar-i-Sharif, in the northern part of
Afghanistan, which is under the control of General Dostum, a large
gathering of lawyers, judges and other officials of the judicial system
were present. Among them were three women judges. How the judicial system
and the administration of justice functioned in the region was discussed.
These were based on Shari'a as well as international standards and norms.
Legal aid was available for the defence of those unable to retain a lawyer
but no such case had yet arisen. Only prisoners who had committed criminal
offences were in custody. Prisoners of war were usually not tried, but
detained for a future exchange. Four cases of criminals apprehended for
trafficking in narcotics were being investigated. The production of
narcotics was prohibited in the area and no cases of trafficking in arms
were reported.
52. The Special Rapporteur also met with the commander and other officials
of the police garrison of Balkh province. He held discussions with
officials of the National Security Department of the Northern Provinces.
The question of trafficking in drugs and the methods used to reduce it were
discussed. It was pointed out that a lot of drugs could be produced from a
small plot of land. Eighty kilograms of confiscated drugs were shown to the
Special Rapporteur at the end of the meeting.
53. The situation of persons in camps was discussed. The Special
Rapporteur was informed that 20 prisoners of war had recently been
exchanged. Forty prisoners of war were left in Mazar-i-Sharif and about
250 in other areas.
54. According to information received from the President of Refugee
Affairs of the Northern Provinces, Mr. Abdul Aziz Jalah, and the President
of the Department of Education of the Northern Provinces, Haji Faizullah
Ansari, there were three refugee camps in the area. One housed Tadjik
refugees, another housed displaced persons from Kabul and the last one
contained repatriates from the Islamic Republic of Iran. It was stated
that refugees from the Islamic Republic were forcibly repatriated.
55. The refugees had been returning in a steady stream. There was a great
need for assistance to the returnees who lacked a place to stay. They did
not have access to clean water and no means to sustain themselves. They
were often reduced to selling some of their meagre belongings. Five
members of the committee of displaced persons from Kabul were able to meet
the Special Rapporteur.
56. Only two primary schools were available to the refugees in this area.
The teachers were refugees themselves and worked under the food-for-work
schemes recently introduced. The only help the authorities of the northern
provinces could give was in respect of curriculum and syllabus guidance.
57. A very useful meeting was also held with NGOs and human rights
organizations active in the area. Their major concern was working towards
a cease-fire and peace in the country. Although discussions centred around
the question of human rights no specific cases of violations of human
rights were raised.
V. PAKISTAN
58. The Special Rapporteur had discussions in Islamabad with Sardar
Khalid, Secretary of the Ministry of States and Frontier Regions as well as
with the Commissioner of Refugees in Peshawar.
59. Information was also received from a group of Afghan women in
Islamabad. Violence against women, the status of women and the question of
educational facilities available to women weresome of the topics discussed.
60. At the end of his visit the Special Rapporteur visited Kacha Garghi,
the oldest refugee camp, in Peshawar. He met elders and chiefs from the
camp. The Special Rapporteur also exchanged views on the situation in
Afghanistan as well as on the ongoing peace process with the members of the
Council for Understanding and National Unity of Afghanistan.
61. The Special Rapporteur had an opportunity to visit the Mother and
Child Clinic run by Mrs. Fatana Gailani and her staff, who were all women.
62. The Special Rapporteur was able to get a perspective on the work being
done by a large spectrum of NGOs under the umbrella organization ACBAR.
63. A meeting with Afghan intellectuals was of great value for the Special
Rapporteur. They described many violations and killings which had taken
place in previous years. They also expressed their great desire to see
peace restored to Afghanistan.
VI. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
64. During his brief visit to some limited areas of Afghanistan and
Pakistan, the Special Rapporteur held meetings and interviews with about
100 people ranging from political leaders and prominent intellectuals to
ordinary families who were staying in refugee centres including those who
had returned from the refugee camps administered by the Government of
Pakistan. Based on the facts gathered and perceptions gained through such
activities, the Special Rapporteur has been able to draw an interim
conclusion on the situation of human rights in Afghanistan.
65. The Special Rapporteur wishes to take note of the overwhelming
aspiration for peace that is commonly held among the Afghan people and
fully agrees with them and the political leaders that peace is essential
for any plan of rehabilitation of Afghan society.
66. Despite sporadic disturbances, peace is gradually gaining ground in
Kabul and other areas controlled by local authorities. In the Kabul area,
some people were seen to have rebuilt their houses as part of an effort to
reconstruct their war-torn society. The Special Rapporteur witnessed that
the educational institutions have resumed their activities and students are
returning to schools.
67. The Special Rapporteur wishes to record his particular appreciation of
the activities of the United Nations bodies, e.g. UNDP, UNHCR, UNICEF,
UNOCHA, WFP, WHO, and the various other organizations like ICRC, OXFAM,
CARE and ACBAR which are directed towards reinforcing indigenous
initiatives to achieve stability and improvement in living conditions. By
providing the means and incentives for rehabilitation at the local level,
these efforts contribute to forming social infrastructures that would
facilitate the building of eventual peace.
68. In the meantime, human suffering of considerable gravity persists in
the form of murder, disappearances and infliction of conditions that cause
physical destruction, thus depriving people of fundamental human rights
such as the right to life, the right to be free from torture and the right
to be free from cruel, inhuman or degrading treatment.
69. The presence of widely scattered land mines, especially in residential
areas, poses an imminent and grave danger to the right to life. Some
returnees had been forced to go back to the refugee camps owing to fear of
land mines. International humanitarian rescue organizations have poured
funds into medical treatment and rehabilitation therapy for those injured
and disabled by land mines.
70. Violations of the rules of war and disregard of international
humanitarian norms including acts of cruelty perpetrated against civilians
are a serious obstacle to the guarantee of the right to life and the right
to be free from inhuman treatment.
71. The lack of a central Government poses extreme difficulty and
complexity in redressing human rights violations as required by the rules
of international law.
72. The collapse of an impartial judicial system prevents the
administration of justice, posing an insurmountable challenge to the right
of the Afghan people to a fair trial and affecting, in particular,
detainees in prisons.
73. The administration of justice remains largely at the discretion of
local authorities through a system of indigenous regulation which has
religious overtones. Private vengeance at the level of families and tribes
is not rare and the situation has been exacerbated by the long armed
conflict. It was brought to the knowledge of the Special Rapporteur that a
convict from one of the camps for internally displaced persons was to be
executed unless his brother, who committed manslaughter, could be captured.
74. Death sentences continue to be pronounced and a case of capital
punishment was reported where the convict was publicly executed in
accordance with Shari'a. The conditions to which prisoners and the
convicted were subjected were also grave.
75. With regard to the rights of women, the Special Rapporteur witnessed a
high level of female involvement, especially in the areas of medical care
and education. However, despite the active involvement of women in the
affairs of administration, partly resulting from wartime necessities, the
development of the situation as a whole does not seem to have greatly
changed the pattern of deeply ingrained male domination of the indigenous
societal system. Reportedly, in December 1994, the provincial council of
Jalalabad prohibited women from working in offices except in the fields of
health and education.
76. In a situation in which there is deprivation of fundamental human
rights, there is an urgent need to ensure the basic requirements of human
existence. The result of the armed conflict that has lasted more than 16
years is devastating. The lack of resources indispensable for providing
basic human needs such as safe water, food and sanitation is overwhelming.
77. In addition to the problem of malnutrition among children, including
infants, the general disruption of health services country-wide decreases
life expectancy on a formidable scale. Factors such as deprivation of
education, limited meaningful human contact and easy access to
sophisticated weapons, coupled with the experience of the cruelties of war,
destroy the value system of many young people, resulting in a failure to
discourage them from participating in violent activities.
78. As a result of the prevailing harsh environment, the cultural heritage
of Afghan society is exposed to wanton destruction.
B. Recommendations
1. Peace-building
79. International efforts should be concentrated on accelerating the
ongoing peace process with due regard to the right of the Afghan people to
selfdetermination.
80. Before and during the course of achieving a solution for permanent
peace, every effort should be made to curb violence and to diminish
antagonism among competing factions and members of the general public from
diverse tribal, religious, social and cultural backgrounds.
81. The compatibility of the right to religious belief and the
preservation of peaceful living should be stressed.
2. Humanitarian assistance
82. It is generally assumed that the State that engenders refugees must be
principally held responsible for redressing the consequences arising from
its actions. Nevertheless, the refugee problem in Afghanistan has always
been of concern to the international community. It is of crucial
importance that priority be given to increasing humanitarian assistance,
supported by all nations.
83. The situation of returnees and of refugees should be dealt with as a
whole. The returnees from refugee camps should be allowed to maintain their
refugee status until they are able to live in security and enjoy a basic
minimum standard of living in peaceful conditions. Returnees should be
encouraged to participate in assisting refugees in decisions regarding
their repatriation. Food, shelter and the minimum requirements for basic
living should be provided immediately. Priority should be given to
ensuring access to food and a safe environment, free from physical dangers.
This requires continued implementing of the land mines-clearance programme,
providing medical treatment, and locating safe sources of water and
purifying contaminated water.
84. In order to divert people from engaging in such delinquent activities
as arms dealing, trafficking in narcotics and cultural artifacts or growing
illicit crops, it is essential to provide them with alternatives which
enable them to supply the basic requirements of their lives. This would
render them less susceptible to external influences and manipulation.
3. Rebuilding of society
85. Just as voluntary repatriation should be encouraged, efforts to
strengthen activities within Afghan society are also necessary to ensure
non-recurrence of a mass exodus of refugees. In this sense, the UNDP
projects under the programme "Action for Immediate Rehabilitation" of the
Afghan social environment have been a positive contribution.
86. Maintaining an appropriate balance between initiatives of the Afghan
people and those providing external assistance is necessary in designing
any rehabilitation programme for Afghan society. The participation and
collaboration of the Afghan people and their organizations, such as the
Lawyers Association, shura-type local entities and other non-governmental
groups, should be encouraged so as to reinforce their capacity to meet
their own needs.
87. In view of the numerous entities involved in humanitarian activities
in Afghanistan and the need to avoid duplication, the activities of the
United Nations Office for the Coordination of Humanitarian Assistance
(UNOCHA) should be encouraged and strengthened.
88. A coherent system of legal administration should be established with a
view to redressing the utter disregard of humanitarian and human rights law
and international human rights norms as mandated by the rules of
international law and justice. In the long term, a form of human rights
education should be widely provided to law enforcement personnel and the
general public so as to nurture a human rights culture.
4. Protection of vulnerable populations
89. Priority should be given to protecting vulnerable segments of the
population such as women, children and the aged from wartime cruelties.
Every effort should be made to protect children, who are the future
population of Afghan society, from everyday violence. The practice of
drafting and recruiting children as paracombatants should be prohibited.
90. World-wide assistance in providing medical care to mothers and infants
should be mobilized in order to save the future generations of Afghan
people.
91. Children should be provided with the education to which they are
entitled. Teachers, textbooks and other educational materials and
facilities are urgently needed.
92. Establishment of an international education and rescue fund for Afghan
children should be considered.
5. Protection of cultural property
93. The cultural patrimony forms a central part of the identity of
Afghanistan. The right of future generations of Afghans to enjoy their
culture depends on due regard being given to the protection of the
indigenous culture. Efforts should be made internationally to preserve and
to protect the cultural patrimony of Afghanistan.
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