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Autore: Patrizia Fabbri

FREEDOM OF MOVEMENT – Life in a Country-Prison

For over two decades, Afghanistan has held a grim record: most refugees registered by the United Nations came from this country, a territory squeezed between cumbersome neighbors, ecologically fragile, culturally hybrid, but perceived as stagnant.

This “record” later shifted to Syrians devastated by civil war, but Afghans never stopped emigrating, as evidenced by some 2020 reports, the UNHCR “Global Trends” report, and recent statements by UN High Commissioner for Refugees, Filippo Grandi, who stated, “The crisis of forced migrations from Afghanistan is one of the largest and most prolonged in UNHCR’s seven-decade history.” Today, about 2.7 million Afghan refugees live abroad, while another 2.6 million are internally displaced, forced to leave their homes due to insecurity, natural disasters, poverty, or choice. Afghanistan remains the second-largest source of refugees worldwide.

In 2012, a tripartite agreement between Afghanistan, Pakistan, and Iran, mediated by the United Nations, aimed to promote the voluntary return of most Afghans. Thanks to the UN, about 5.3 million people have returned since 2001. However, many remain abroad despite the “Solutions Strategy for Afghan Refugees,” the tripartite agreement. The Joint Way Forward agreement, signed between the European Union and the Kabul government in Brussels in October 2016, provides for the return—even forced—of all Afghans whose asylum requests are rejected by member countries. Europe conditioned the allocation of millions of euros in development aid on the acceptance of repatriations and found an ally in Turkey, which began mass deportations of Afghans in 2018 without seeking assistance from the International Organization for Migration.

According to a report published in November 2019 by the Afghanistan Human Rights and Democracy Organization (AHRDO), 19,390 Afghans were sent back by EU countries between 2015 and 2017, about half of them forcibly. Eurostat indicates that in 2019, 26,900 orders to leave the EU were issued to Afghan citizens. From January 1 to mid-April 2019, 4,219 Afghans were forcibly repatriated from the EU and Turkey (most—3,560—from Turkey).

Regarding the situation after the Taliban took power, the International Rescue Committee’s May 2023 report accused EU leaders of “astonishing negligence” towards Afghan refugees, many of whom remain trapped in “prison-like” conditions on Greek islands. “Afghans now represent the third-largest refugee population globally, and the resettlement needs of Afghan refugees in the EU area have rapidly increased, almost tripling year on year, from 96,000 in 2022 to over 273,000 in 2023.” In the early months, there was a strong commitment from EU countries to help at-risk Afghans access protection pathways to Europe, but today, according to IRC, these commitments “are falling short, with 271 Afghan refugees resettled in the EU last year, meeting less than 0.1% of the current need.”

However, cities in Afghanistan are also unsafe. Additionally, the institutional system is unable to meet the needs of the internally displaced, which grow annually due to climate change and cannot absorb the demographic and social pressures of those returning from abroad. In March 2020 alone, 16,000 undocumented Afghan migrants returned to the country. From January to early September 2020, over 376,000 Afghans returned from Iran and Pakistan. In a single month, from August 22 to September 21, 81,000 returned from Iran. They are part of that immense pool of informal workers who will no longer be able to support their families. The history of Afghan migrations shows that Afghans have a long history of migrations—internal, regional, transnational—that precede the conflict. Mobility has always been part of Afghanistan’s social and cultural landscape. War, insecurity, and poverty are not the only drivers of migration: war has intensified and dramatized an ongoing process.

In this already difficult context, women’s mobility has become even more restricted, especially in more conservative areas like Kandahar, Khost, and Helmand provinces, where MSF conducted interviews that testify to the extreme difficulty of movement for women and girls.

But even in Kabul, the situation is no better: some MSF workers reported that women traveling alone without a mahram (a male family member) in shared taxis are sometimes asked to sit in the back seat and cover the cost of all three seats as no one else is allowed to share the taxi with them. This adds an additional financial burden and can make a woman’s trip to a healthcare facility two or even three times more expensive than a man’s. This affects women’s ability to reach a hospital (impacting timely and adequate primary and secondary healthcare access), a workplace, or any other place. This issue, reported by MSF in 2014, has worsened since.

The ban on women and girls accessing hammams (public baths), parks, and gyms, combined with mahram and hijab policies, has created an environment where it is difficult for women and girls to leave their homes. In the words of a former student, “Women are in prison; they can’t work, study, or go out. We are depressed,” as stated in the June 2023 UN Human Rights Council report, which also notes that groups of more than three or four women are regularly dispersed by officials to prevent protests. An interviewee explained, “Even if a small group of girls sits together, the Taliban ask what they are doing.”

JUSTICE – Crimes Against Women… Are Not Crimes

For women in Afghanistan, there is no justice—only targeted and obsessive gender persecution. The Ministry of Justice and all the laws that once existed in the country have been dismantled, along with the Ministry of Women’s Affairs and all programs supporting women victims of violence. The only law in effect in the country is Sharia, according to the Taliban’s extreme interpretation. This law is expressed in countless prohibitions, increasingly numerous, excluding women from social life and suspending life itself.

Limiting the rights of women and girls is the main aim of these edicts. Some edicts are directed at men (e.g., a public employee risks suspension if his wife or daughter does not wear the “appropriate hijab”), thereby increasing social control over women.

Crimes against women don’t even have the dignity of being crimes; they are behaviors governed by Sharia. Accepted. Integrated into everyday life. Impunity is total. Domestic and social violence is no longer a crime. There is no authority to appeal to. In Taliban courts, decisions, both civil and criminal, are made by men in the absence of women. The codes change and the Taliban possess them. Justice has sunk into fanaticism. Sharia is enough.

Appealing to a Taliban court puts women at risk of violence and sexual assault. As stated in the June 2023 report released by the UN Human Rights Council, women seeking divorce or fleeing violent domestic situations are the most affected, often forced back into violent relationships. UN experts heard from lawyers handling cases where women who went to court for divorce were reprimanded by judges with remarks like, “Your hand is not broken, your leg is not broken, why do you want a divorce?”, “Get your husband’s consent first,” and flatly, “You cannot divorce.” Forced returns of women to violent partners were further exacerbated by an edict allowing any divorce case resolved during the Republic era to be reviewed by an Islamic Emirate of Afghanistan judge.

Women who worked in the legal field—lawyers, prosecutors, judges—are jobless, living in hiding, and threatened for their past activities supporting women. They are also targets of men convicted of their violence and freed by the Taliban. These men seek revenge relentlessly.

The Past: Justice during 20 Years of US/NATO Occupation

Structural violence against women was not eradicated in the last 20 years, despite propaganda. Opportunities existed but not for everyone. Some women managed to assert their autonomy and pursue their professional paths, often at great risk (attacks on schools and female students, Taliban-targeted killings of professionally active women, threats, and intimidation), while the rest of Afghan women suffocated in silence and daily violence, affecting 87% of them.

Justice for crimes against women remained elusive, but essential support structures existed: Legal Aid Centers with legal, medical, and psychological assistance, Shelters, the Ministry of Women’s Affairs, active associations, and NGOs. Impunity for crimes against women remained very high during this period.

Laws in Force from 2001 to 2021

Yet, there were good laws. The judiciary was reformed by Italians. Here they are:

  • CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), ratified in 2003.
  • Article 22 of the 2004 Constitution: “Afghan citizens, both men and women, have equal rights before the law.” However, its effectiveness was weakened by Article 3: “No law can be contrary to the beliefs and provisions of the sacred religion of Islam,” thus making Sharia the foundation of law.
  • EVAW (Elimination of Violence Against Women) law of 2009, enacted by Karzai but never ratified by Parliament, provided criminal penalties for perpetrators of 17 forms of violence and criminalized harmful traditions, such as ba’d (girls given as brides to settle disputes) and badal (exchange of girls between families).

Only 5% of cases were prosecuted under the EVAW law (UNAMA ’16); in 80% of cases, either family mediation or Parallel Justice, an informal legal system based on Sharia and traditional tribal laws, was used.

Few sought government justice due to the high costs of corruption.

Unfortunately, good laws were seldom used and heavily obstructed during the 20 years of occupation.

The power structures, which should have enforced them, like Parliament or provincial governments, were firmly in the hands of Warlords—powerful tribal chiefs, fierce fundamentalists, and Taliban who continued to control parts of the country. Protecting women and punishing perpetrators of violence was not their priority. Obstructing justice was common practice, employing threats, intimidation, and murders.

The Legal Systems: The Difficult Choice for Female Lawyers

As female lawyers fighting for women’s rights often said, when facing a client in distress, one must support and nurture their courage but respect their fear. Defending women and demanding their fundamental rights was very risky for both the client and the lawyer. Various legal paths could be pursued to seek justice, depending on the situation and risks.

  • Criminal Trial: Prosecuting a violent man under the EVAW law was fraught with obstacles. It provided for the aggressor’s conviction (who often served very short sentences due to their ability to threaten judges or bribe authorities), making violent retaliation by the accused and his family more likely.
  • Civil Trial at the Family Court: No convictions, penalties, or charges were involved; the perpetrator remained unpunished, but at least divorce could be obtained—a precious document granting the woman freedom from her violent husband.
  • Family Mediation: The first step was always to enter the family, discuss, and obtain positive commitments. Rarely effective.
  • Shura, Traditional Court, Assembly of Elders and Clerics: Sharia is in effect in the shura, and decisions are rarely in favor of women. But sometimes, it was the only path and could sanction separation from a violent husband.

Those Still Fighting for Women’s Justice

In the dark void where the country has sunk, where justice for women has crumbled and its very existence is denied, some women keep small lights of protection alive.

Courageous women’s organizations like RAWA, HAWCA, and OPAWC continue to defend women, dodging Taliban bans and sanctions as best they can. Secret schools, where rights and justice for women are still discussed, offer comfort and help. Hidden, safe apartments where women at risk can find refuge, following the closure of shelters, seek to live protected lives in the shadows. It is in the shadows, where women hide, that hope is cultivated.

INFORMATION – Journalists Targeted by the Taliban

After the Taliban took power, local media’s news gathering in Afghanistan became almost non-existent. Thousands of Afghan journalists, including hundreds of women with recognizable faces, were immediate targets of Taliban militia reprisals, forcing many into hiding or fleeing.

In the 2020 World Press Freedom Index by Reporters Without Borders, Afghanistan ranked 122nd out of 180 countries and was classified as “not free” on Freedom House’s global map.

Even under the previous government of Ashraf Ghani, there were attempts to limit independent reporting with a proposed law requiring source disclosure. Protests by the involved categories blocked the attempt, justified by fear of reprisals. The situation has since worsened.

On July 20, 2022, UNAMA published a report on human rights in Afghanistan, stating: “In the 10 months since they took control of Afghanistan, the de facto authorities have made their stance on the rights to freedom of peaceful assembly, expression, and opinion clear. They have limited dissent by suppressing protests and restricting media freedom, including arbitrary arrests of journalists, protesters, and civil society activists and imposing restrictions on media.” According to the UNAMA report, 173 journalists and media workers were affected, with 163 incidents attributed to the de facto authorities. These included 122 cases of arbitrary arrest and detention, 58 cases of mistreatment, 33 cases of threats and intimidation, and 12 cases of detention. Six journalists were also killed during the first year of the regime (five by ISIS-K, one by unknown perpetrators).

The Committee to Protect Journalists (CPJ) published a report on August 11, 2022, highlighting the dire situation of information in Afghanistan a year after the Taliban took power. Censorship, arrests, assaults, restrictions on female journalists, and the exodus of experienced journalists have alarmingly reduced press freedom.

Human Rights Watch’s 2023 report, under the section Events 2022 – Freedom of Press and Speech, stated: “The Taliban authorities implemented extensive censorship and imposed restrictions and violence against Afghan media in Kabul and the provinces. Hundreds of media outlets have been closed, and it is estimated that 80% of female journalists in Afghanistan have lost their jobs or left the profession since the Taliban took power in August 2021.”

Currently, the situation has deteriorated. Afghan journalists who wish to stay in their country and not leave must be supported because evacuation cannot be the solution. The threats from the repressive and rigid Taliban regime cannot prevent the truth about what is happening in the country from emerging. In this regard, we have gathered testimonies from those who remain inside and continue to resist.

Are there still radio or television stations broadcasting nationally? If so, how many and which ones?

Although many radio and television channels were shut down after the Taliban took power, many are still operational. There is severe censorship imposed by the Taliban, and many journalists, news anchors, and editors have been arrested and threatened. Therefore, all media are very cautious in their reporting.

What kind of programs are being broadcast, and in what language?

Most entertainment programs have been closed. No movies or series, even those with religious themes, are aired. In the past, many soap operas from Turkey and India were aired in Dari and Pashto. National TV now follows the Taliban agenda and is banned from broadcasting such content.

Can newscasts broadcast images?

Yes, newscasts can broadcast images, but most images on billboards and shops in the city have been removed.

Is it true that taking photos or videos is no longer allowed?

Officially, it is not banned. Different Taliban groups act according to their methods. Some groups stop people, check their cell phones, and delete images and videos, while other groups do not bother.

Are there female journalists who can work? Do they have to be fully covered?

Most female journalists are banned from appearing on TV screens, and the few who do must strictly adhere to the Taliban’s hijab requirements. They must dress in black from head to toe and even wear a black mask, with only their eyes visible.

Are there any underground newspapers or press?

Some newspapers and TV channels operate from abroad while having secret journalists inside Afghanistan or buying most material from international news agencies. They also use social media material shared by netizens within the country.

What type of media does the Taliban regime use for its propaganda?

National TV and radio.

EDUCATION – Ban on Girls

In June 2021, two months before the Taliban seized power and twenty years after the US-NATO occupation, the Afghan school system already faced significant challenges.

According to UNICEF, the school population comprised 6.6 million in primary school (including 2.6 million girls, about 4 out of 10) and 3.1 million in secondary school (including 1.1 million girls), while 4.2 million children, 60% of whom were girls, did not attend any school.

However, by the end of primary education, 93% of students had not achieved the minimum competency level.

This failure is linked to the ongoing war situation, poverty and hunger, lack of transportation, the risk of assaults and kidnappings during the school-home commute, early marriages, traditional roles, inadequate and often militia-occupied school buildings, rampant corruption that nullified foreign funding, and poorly trained staff: only 38% of male teachers and 34% of female teachers, who are assigned to girls’ classes, held the required degree (14th grade).

Lessons were short, and class sizes were excessive, ranging from 40 to 60 students per class.

Between 2001 and 2021, the literacy rate doubled (from 17% to nearly 30%), but remained highly uneven by gender (female illiteracy ranged between 84% and 87%) and geographical areas, with rural areas being heavily disadvantaged.

After the Taliban took power in August 2021, the gradual reopening of schools excluded girls from the 7th grade onward (age 12), leading to strong internal protests and international condemnation. Pressures from foreign donors, interested in normalizing relations with the de facto government, resulted in exemptions from some previously imposed sanctions, such as UN Security Council Resolution 2615 of December 22, 2021, supported by three US “General Licenses,” which resulted in donations for humanitarian emergencies and girls’ education: on September 13, 2021, ECW (the UN fund for educational emergencies), Italy, and the USA donated $12 million; on January 18, 2022, the European Union donated €50 million to pay teachers; on January 25, 2022, the Asian Development Bank donated $405 million for food, health, and education; on March 1, 2022, the World Bank donated $1 billion, and so on.

The pressures to limit gender oppression intensified internal conflict between government factions, with one side wanting to negotiate for funds and the other being uncompromising. Despite some provinces reopening schools to girls, in December 2022, university education was banned for them, and over 100,000 female students were expelled from studying subjects (like medicine and primary school pedagogy) where female employment is somewhat tolerated.

Meanwhile, the quality of education is utterly compromised: fundamentalist religious subjects largely replace other subjects, especially the sciences. Teachers and female students are subjected to oppressive measures that discourage school attendance.

Lastly, educational institutions are targeted by terrorist attacks mainly affecting women and girls: the attack on the Kaaj Educational Center on September 30, 2022, in Kabul, killed 54 people and injured another 114; most victims were young Hazara women and girls preparing for university entrance exams.

HEALTH CARE – Restrictions on Women Worsen an Already Fragile System

In 2022, 95% of the population did not have enough food to eat. It is projected that in 2023, over 3 million children and 840,000 pregnant and breastfeeding women will suffer from acute malnutrition. These figures alone suffice to imagine the health conditions of Afghans. But malnutrition is part of an extremely fragile healthcare situation, and the data is alarming:

  • Tuberculosis causes about 13,000 deaths every year;
  • In 2022, 78,441 cases of measles were recorded, more than double compared to 2021, with 394 deaths;
  • In mid-2022, a severe cholera outbreak occurred, affecting children under 5 years in 55.4% of cases;
  • 208,771 cases of Covid-19 were registered with about 8,000 deaths, numbers that the WHO considers underestimated due to limited tracking and diagnosis;
  • In recent years, the Taliban have made polio vaccination impractical in every territory they occupied, putting up to three million children at risk of infection;
  • Afghanistan has one of the highest infant mortality rates in the world with 638 deaths per 100,000 live births (2017 data, the latest available).

In addition to diseases, there are thousands of injuries from attacks, armed clashes, and natural disasters. The Afghan public healthcare system is underfunded, short-staffed, and dysfunctional, while the private system, due to high costs, is prohibitive for most of the population.

Until August 2021, the Sehatmandi project, funded by the World Bank, supported about two-thirds of all public facilities. With the suspension of funding, the system collapsed and healthcare workers stopped receiving salaries: “This happened,” reads the 2023 report by Doctors Without Borders, “after many had not been paid for months due to a mix of insufficient funds and poor management, including misuse of the funds themselves.”

In June 2022, UNICEF, the World Bank, and WHO agreed on a $333 million funding for the provision of emergency health services, but concerns about the management of these funds remain.

In fact, humanitarian organizations like Doctors Without Borders, the International Red Cross, Emergency, and UN agencies have been replacing the public healthcare system for years.

The chronic shortage of qualified healthcare personnel worsened after the Taliban’s return due to restrictions imposed on women, whose presence among healthcare workers was very high. For the same reason, most entities supporting people with disabilities have closed or reduced their services.

While it is very complex and costly for all Afghans living in rural areas to reach healthcare facilities, for women, due to movement restrictions, it has become an almost impossible task. Consequently, the health of women and children is further compromised.

As reported in the June 2023 Human Rights Council report, women routinely give birth without professional assistance or incur significant debts to give birth in private healthcare facilities. Women attempting to enter pharmacies alone have been denied access.

Another scourge is mental distress: contrary to Taliban claims that suicides have decreased and mental health has improved since August 2021, reports of depression and suicide are widespread, especially among adolescent girls prevented from continuing their studies.

But another grave abuse against women is occurring, as noted in the UN High Commissioner for Human Rights’ annual report: officials from the Ministry for the Promotion of Virtue and Prevention of Vice conduct inspections at medical facilities to ensure male doctors are not treating women. This ban equates to a death sentence given the obstacles to the work of female doctors, whose numbers will further decrease due to the ban on women accessing universities.

L’Afghanistan due anni dopo. Comunicato CISDA

Comunicato emesso da CISDA dopo 2 anni dalla presa del potere dei talebani

Le donne afghane non si arrendono al regime dei talebani

15 agosto 2021: i talebani entrano a Kabul da vincitori, quasi senza sparare un colpo, dopo 20 anni di invasione NATO e USA che hanno riconsegnato l’Afghanistan (con tutti gli armamenti) ai barbari fondamentalisti che dicevano di voler sconfiggere per portare “la democrazia” e affermare “i diritti delle donne”.

Due anni, ma per la popolazione afghana, in primo luogo le donne, questa è solo la continuazione di una tragedia che dura da oltre 40 anni fatta di guerre, fondamentalismi, povertà e deprivazione di diritti. Nel silenzio, lontano dai riflettori che dopo l’agosto 2021 hanno illuminato la scena per pochi mesi ma evitando di parlare delle gravissime responsabilità dell’Occidente e senza rendere conto di 20 anni di occupazione militare costata complessivamente circa 2300 miliardi di dollari.

La popolazione è allo stremo: nel 2022 oltre il 90% ha sofferto di insicurezza alimentare, con conseguenze devastanti. Le donne sono private di ogni diritto: non possono frequentare la scuola, praticare attività sportive, lavorare, uscire di casa senza un familiare che le accompagni, passeggiare in un parco pubblico, viaggiare… Per i talebani non hanno diritto di esistere, se non per procreare e occuparsi di figli e casa, troppo spesso in famiglie violente che non rischiano nulla dal momento che ogni legge che avrebbe potuto colpirli è stata cancellata.

Chi lotta e ha sempre lottato per la libertà, per i diritti delle donne, per i diritti umani è in pericolo e deve muoversi in clandestinità, tra mille ostacoli: i talebani hanno vietato il dissenso e fanno arresti di massa; i prigionieri spesso spariscono o vengono torturati.

Le nostre compagne di RAWA sono determinate a restare nel loro paese, a continuare la resistenza contro l’imperialismo, il fondamentalismo e il sistema patriarcale. “Le donne” dicono, “sono le principali vittime delle politiche dell’imperialismo e del fondamentalismo islamico ma, nonostante le grandi sofferenze, continuano a lottare con coraggio e non si sono mai arrese. Gli USA, da potenza imperialista che persegue solo i suoi interessi, mettono in secondo piano le sofferenze della popolazione afghana e non esitano a sostenere e a portare al potere i gruppi più brutali per mantenere il controllo.

Nonostante le carcerazioni, le torture, gli stupri e le umiliazioni, questo gruppo di donne consapevoli sta continuando la sua lotta, sostenendo la popolazione e le donne con aiuti concreti ma avendo ben chiaro che la lotta contro il fondamentalismo non può essere separata dalla lotta contro l’imperialismo USA.”

CISDA continuerà a stare al loro fianco in tutti i modi possibili, consapevoli che la loro resistenza al fondamentalismo ci riguarda tutte, è una lotta che deve vedere le donne di tutto il mondo unirsi e camminare insieme per liberarsi ovunque dalla tirannia del patriarcato.