Since the Taliban’s return, Afghan women face severe ‘gender apartheid’, highlighting urgent international support and accountability needs for their oppression. The situation for women and girls in Afghanistan has reached a critical juncture, particularly following the Taliban’s return to power in August 2021. The term “gender apartheid” has resurfaced to describe the severe oppression faced by women under the current regime. This blog aims to shed light on Afghan women’s challenges and the urgent need for international support and accountability.

Afghan women are demonstrating remarkable courage and resilience in the face of gender oppression. Their determination, persistence, and creativity shine through despite the high costs they bear, including violence and sexual violence. However, it is essential to recognize that not all women experience oppression in the same way. Factors such as ethnicity, religion, disability, and family status can exacerbate discrimination. For instance, women from ethnic minorities like the Hazara, Uzbek, Turkmen, Sikhs, and Hindus, as well as those with disabilities or heading households (over 200,000 households in Afghanistan are headed by women), face even greater challenges. Since the fall of Kabul, Afghanistan has been in a dire human rights crisis. Over the past three years, the Taliban have enforced brutal policies. Just days ago, 14 Hazara young men were killed viciously in a remote area of Bankridi province.

The ongoing crisis extends beyond immediate threats to women’s rights; it poses a long-term risk to the education of future generations. We know women and girls above the sixth grade are denied education. They face severe restrictions in employment and are not allowed to play sports. Movement is also extremely difficult for them, requiring a dull face-covering hijab. Essentially, many women are imprisoned in their own homes, and that is how they describe it. The lack of positive female role models and the deterioration of education for both boys and girls could lead to a poorly educated and radicalized population. This situation threatens not only Afghanistan but potentially extends beyond its borders, impacting global stability.

After August 2021, there was talk of a “Taliban 2.0”, a supposedly changed, reformed and more acceptable Taliban. However, the reality has clarified that Taliban 2.0 is a myth. The Taliban’s current position of strength complicates efforts to advocate for women’s rights. While some Taliban leaders claim to support girls’ education, the reality on the ground tells a different story. The divisions within the Taliban movement create a complex dynamic that makes it challenging to shift their stance on women’s education and rights. Engaging with the Taliban requires a nuanced approach that considers these internal divisions while advocating for the rights of women and girls.

Another element to consider is Afghanistan’s status as a party to the Convention on the Elimination of Discrimination Against Women (CEDAW). The ICC focuses on individual criminal justice, but CEDAW allows for state-to-state action. This means one or more states could sue Afghanistan for violations following an arbitration process. This is another avenue in international law to address the situation.

The return of the Taliban has severely restricted independent journalism in Afghanistan, particularly for female journalists. Most experienced and senior journalists have left the country, and the few media outlets still operating are entirely under Taliban control. As a result, the people of Afghanistan are deprived of hearing news that directly impacts their lives. For example, people in Kabul and other provinces are not informed about events like the attacks on the group of prosecutors in Darul Aman because journalists are not allowed to cover these incidents under Taliban rule. The dangers they face are compounded by gender discrimination, making their work even more perilous. Despite these challenges, courageous female journalists continue to report on the dire situation, highlighting the need for international attention and support.

The violations of the rights of women and girls in Afghanistan have been so extreme, widespread, and systematic that Amnesty International and the International Commission of Jurists released a report last year stating that these violations amount to the crime of gender persecution and should be investigated as such. “Gender apartheid” should be recognized as a crime against humanity to capture the severity of the situation in Afghanistan. While there is currently no law specifically addressing gender apartheid, discussions are underway at the UN in New York to create a new international human rights treaty that could criminalize such practices, though it will take time. In the meantime, the situation in Afghanistan is ripe for investigation and prosecution of gender persecution under existing international law.

A common question is whether recognizing the Taliban as the de facto authority means they are obligated to adhere to international treaties. The UN’s position is that the Taliban are the de facto authorities, not the official government. However, as de facto authorities controlling Afghanistan, they are still liable for the treaties to which Afghanistan is a party, including human rights treaties like the International Covenant on Civil and Political Rights. This issue is legally complex, but it’s essential. By being de facto authorities, the Taliban are technically obliged to follow these treaties. Theoretically, they could claim they no longer wish to be a party to these treaties if it doesn’t benefit them, but that remains to be debated.

So, what will work? What won’t? Normative approaches are unlikely to change the Taliban’s mindset. They believe what they believe, and it differs vastly from our beliefs. It’s wrong, but that’s the situation. We need to find a way to mobilize the international community to make the Taliban confront choices they don’t wish to face. It’s a straightforward concept but incredibly difficult to implement. The burden of these choices falls not on the Taliban but on the population. The plight of women and girls in Afghanistan is a pressing human rights issue that demands our attention and action. We must listen to Afghan voices, particularly women, and create platforms for them to engage in dialogue about their rights and needs. The time for accountability and meaningful support is now. Together, we can advocate for a future where Afghan women and girls can live free from oppression and fear.

We need to learn from the fundamental failure of the 20-year campaign in Afghanistan. A report was published by members of the Republican Party in the US last week, attributing blame to President Biden and Kamala Harris. However, the reality is far more complex. We failed for 20 years to create the conditions for a US-led military withdrawal, but they withdrew regardless. What does this tell us? Unless there is pluralistic severe governance in Afghanistan capable of managing the country to benefit all its citizens to make meaningful progress. We are now in a weaker position than before August 2021 due to mistakes made over two decades. Join us in raising awareness about the gender crisis in Afghanistan. Share this blog, engage in discussion, and support organizations working to protect the rights of Afghan women and girls. Together, we can make a difference.

BY ROJIN ERDAL