A recent report by Richard Bennett, the United Nations’ independent human rights investigator, has raised serious concerns about the atrocities against women in Taliban-controlled Afghanistan. Bennett’s report, submitted to the UN General Assembly, details how the Taliban regime has weaponized the legal and judicial systems to oppress women and girls, equating it to crimes against humanity.
Since seizing power in 2021, the Taliban has dismantled laws protecting the rights of women and girls, originally enshrined in the 2004 constitution. These laws included provisions addressing violence against women, such as rape, child marriage, and forced marriage.
Furthermore, the Taliban dismissed all judges from the previous US-backed government, including approximately 270 women. They replaced them with individuals adhering to hardline Islamic views, lacking formal legal training or understanding of justice. These new judges base their rulings solely on Taliban directives. The report also highlights the Taliban’s complete control over law enforcement and investigative agencies, systematically removing Afghan individuals who previously worked for the prior government.
Since the Taliban’s takeover, the situation for women and girls has drastically worsened, drawing widespread condemnation. The report indicates that the Taliban has banned girls’ education beyond the sixth grade and restricted employment opportunities. Women are also prohibited from accessing numerous public spaces, including parks, gyms, and beauty salons. New regulations also restrict women’s voices and prohibit them from appearing in public without covering their faces. Due to these restrictions on women and girls, the Taliban is isolated by the West and recognized only by Russia.
The Taliban defends its actions by claiming to implement Islamic Sharia law. However, Islamic scholars and others argue that their interpretation diverges from other Muslim-majority countries and does not align with Islamic teachings that prioritize the legal rights of women.
Women under Taliban rule are deprived of rights. The report notes the absence of female judges, lawyers, and officials in police and other institutions. This results in a lack of reporting on violence and discrimination against women and girls. Moreover, the Taliban mandates that women must be accompanied by a male guardian to file complaints, creating significant barriers.
Taliban courts often dismiss complaints filed by women and are hesitant to address cases related to divorce, child custody, and gender-based violence. In light of these obstacles, women are increasingly turning to traditional methods like formal jirgas and shuras, councils of elders in villages or communities, for dispute resolution, and some seek assistance from religious leaders or family elders. These systems are male-dominated, which frequently results in the denial of justice for women and girls.
Bennett has appealed to the international community, emphasizing the importance of international platforms to deliver justice. He mentioned the International Criminal Court’s request on January 23 to issue arrest warrants against two senior Taliban leaders for the gender-based persecution of women. He urged all nations to support bringing Afghanistan before the International Court of Justice (ICJ). The Taliban has violated international agreements that prohibit discrimination against women.
