Section 1. Respect for the Integrity of the Person
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were reports that the pre-August 15 government or its agents committed arbitrary or unlawful killings. The Attorney General’s Office maintained a specialized office to investigate cases involving the Ministry of Interior and its agencies, including the Afghan National Police. The Ministry of Defense maintained its own investigation and prosecution authority at the primary and appellate level; at the final level, cases were advanced to the Supreme Court.
Pajhwok News reported that on April 9 security forces manning a checkpoint in Uruzgan Province shot and killed a 10-year-old boy as he passed through the area. The father called on authorities to arrest his son’s killers and bring them to justice. There was no indication that authorities investigated the crime or brought charges against the officers involved.
Media published videos of Afghan National Defense and Security Forces (ANDSF) personnel allegedly killing a suspected Taliban sympathizer in Paktika on July 8 by forcing him to sit on an improvised explosive device (IED) and then detonating it. According to the reports, the suspected Taliban sympathizer was a local construction worker who was nearby when the IED was discovered. He was reportedly beaten by Afghan National Police and anti-Taliban militia members before being handed over to the ANDSF. According to the reports, a Defense Ministry spokesperson denied that the incident took place and called the videos “Taliban propaganda.”
After August 15, there were numerous reports of reprisal killings by Taliban fighters as they consolidated control of the country. The UN Assistance Mission in Afghanistan (UNAMA) and Human Rights Watch (HRW) received credible reports of more than 100 individuals associated with the previous administration and its security forces as being killed, tortured, or disappeared following the Taliban leadership’s August announcement of a general amnesty. Taliban leaders denied these incidents reflected an official policy and claimed many were attributed to personal disputes. According to BBC news, Taliban fighters executed two senior police officials – Haji Mullah Achakzai, the security director of Badghis Province and Ghulam Sakhi Akbari, security director of Farah Province.
A November report by HRW documented “the summary execution or enforced disappearance of 47 former members of the ANDSF – military personnel, police, intelligence service members, and paramilitary militia – those who had surrendered to or were apprehended by Taliban forces between August 15 and October 31, 2021.” Senior Taliban leaders declared a general amnesty and forbade reprisals, although reports persisted of local Taliban leaders engaging in such actions.
In November the Taliban conducted a crackdown in ISIS-K’s stronghold province of Nangarhar, reportedly sending more than 1,300 additional fighters. These fighters arrested, killed, or disappeared scores of suspected ISIS-K collaborators in the campaign. Sources in Nangahar reported observing dozens of decapitated bodies of alleged ISIS-K sympathizers in the crackdown’s aftermath.
Thousands of those who worked for or supported the pre-August 15 government or foreign entities, as well as members of minority groups, sought to flee the country on or after August 15 due to fear of reprisals. Others left their homes to hide from Taliban conducting house-to-house searches for government officials. Unknown actors carried out numerous targeted killings of civilians, including religious leaders, journalists, and civil society advocates (see section 1.g.).
In March, three women working for a television station in Jalalabad were killed in two incidents. Mursal Wahidi was killed as she walked home while Sadia Sadat and Shahnaz were killed in a separate incident on the same night, also while returning home from work. ISIS-K militants claimed responsibility for the attacks.
On May 8, a car bomb attack outside the Sayed ul-Shuhuda school in Kabul resulted in 300 casualties – mostly schoolgirls – including 95 killed. No group claimed responsibility. The attack occurred in a western district of the capital where many residents are of the mostly Hazara ethnic community.
On September 4, Taliban gunmen killed a pregnant policewoman in front of her family, according to the victim’s son. She had worked in Ghor prison and was eight months pregnant when she died. The Taliban spokesperson denied the accusation.
Both the pre-August 15 government security forces and the Taliban were responsible for forced disappearances.
UNAMA reported that the Taliban carried out abductions with 40 civilian casualties resulting from those abductions in the first six months of the year, a slight decrease from the same period in 2020 (see section 1.g.).
There were reports of enforced disappearances by the pre-August 15 government that included transnational transfers from the country to Pakistan, according to an August UN Human Rights Council report for the period of May 2020 to May 2021.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the 2004 constitution and law under the pre-August 15 government prohibited such practices, there were numerous reports that government officials, security forces, detention center authorities, and police committed abuses.
Nongovernmental organizations (NGOs) reported that the security forces of the pre-August 15 government used excessive force, including torturing and beating civilians. Despite legislation prohibiting these acts, independent monitors including UNAMA continued to report credible cases of torture in government detention centers.
There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. UNAMA reported that punishments carried out by the Taliban included beatings, amputations, and executions. The report showed that the Taliban held detainees in poor conditions and subjected them to forced labor.
On September 25, the Taliban hung a dead body in the central square in Herat and displayed another three bodies in other parts of the city. A Taliban-appointed district police chief in Herat said the bodies were those of four kidnappers killed by police that day while securing the release of two abductees.
On October 5, the Taliban hung the bodies of two alleged robbers in Herat, claiming they had been killed by residents after they attempted to rob a house.
Impunity was a significant problem in all branches of the pre-August 15 government’s security forces. Accountability of National Directorate of Security (NDS), Afghan National Police (ANP), and Afghan Local Police (ALP) officials for torture and abuse was weak, not transparent, and rarely enforced. There were numerous reports that service members were among the most prevalent perpetrators of bacha bazi (the sexual and commercial exploitation of boys, especially by men in positions of power). In May the minister of justice and head of the Trafficking in Persons High Commission reported on government efforts to stop trafficking in persons and bacha bazi, providing a readout of investigations and prosecutions, but he listed no prosecutions of security officers. The pre-August 15 government did not prosecute any security officers for bacha bazi.
Prison and Detention Center Conditions
Conditions in prisons run by the pre-August 15 government were harsh due to overcrowding, lack of sanitation, and limited access to medical services despite the heightened risk of COVID-19. The General Directorate of Prisons and Detention Centers (GDPDC), part of the Interior Ministry, was responsible for all civilian-run prisons (for both men and women) and civilian detention centers. The Ministry of Justice’s Juvenile Rehabilitation Directorate was responsible for all juvenile rehabilitation centers. The NDS operated short-term detention facilities at the provincial and district levels, usually colocated with its headquarters facilities. The Ministry of Defense ran the Afghan National Detention Facilities at Parwan. There were credible reports of private prisons run by members of the ANDSF and used for abuse of detainees. The Taliban also maintained illegal detention facilities throughout the country prior to their takeover, with credible reports describing beatings at makeshift prisons.
Physical Conditions: Overcrowding in prisons continued to be a serious, widespread problem under the pre-August 15 government. According to UNAMA, in April at least 30 of 38 prisons nationwide had exceeded full capacity, with an average occupancy rate close to 200 percent. After the Taliban took over Kabul, many prisons were emptied as nearly all prisoners escaped or were released. The two largest prisons – Pul-e-Charkhi in Kabul and Parwan at Bagram – remained largely empty as of December.
Pre-August 15 government authorities generally lacked the facilities to separate pretrial and convicted inmates or to separate juveniles according to the seriousness of the charges against them. Local prisons and detention centers did not always have separate facilities for female prisoners.
According to NGOs and media reports, pre-August 15 government authorities held children younger than age 15 in prison with their mothers, due in part to a lack of capacity of separate children’s support centers. These reports documented insufficient educational and medical facilities for these minors.
Access to food, potable water, sanitation, heating, ventilation, lighting, and medical care in prisons varied throughout the country and was generally inadequate under the pre-August 15 government. The pre-August 15 GDPDC’s nationwide program to feed prisoners faced a severely limited budget, and many prisoners relied on family members to provide food supplements and other necessary items.
Pre-August 15 authorities were not always able to maintain control of prisons. Dozens of prisoners escaped a Badghis central prison in July when the Taliban breached the province’s capital city. The Taliban reportedly paid off prison employees to facilitate the escape of inmates. An estimated 5,000 Taliban militants were imprisoned in provincial capitals before the Taliban took over in July and August, all of whom were released by August 15. In addition to their own imprisoned fighters, the Taliban released thousands more from prisons like Parwan and Pul-e-Charkhi, including members of ISIS-K and al-Qa’ida.
The ISIS-K suicide bomber who carried out an attack at Kabul airport in late August killing dozens of local citizens (and 13 U.S. service members) was among the thousands of prisoners released by the Taliban from Parwan Prison at Bagram Air Base just 11 days before the bombing.
Administration: In the pre-August 15 government, authorities conducted some investigations of credible allegations of mistreatment. The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners.
Independent Monitoring: The Afghan Independent Human Rights Commission (AIHRC), UNAMA, and the International Committee of the Red Cross monitored pre-August 15 government ministries, including the Ministry of Interior, Ministry of Justice, Ministry of Defense, and NDS detention facilities. The NATO Resolute Support Mission monitored the NDS, the ANP, and Defense Ministry facilities until the start of the drawdown of NATO forces early in the year. Security constraints and obstruction by authorities occasionally prevented visits to some places of detention. UNAMA and the AIHRC reported difficulty accessing NDS places of detention when they arrived unannounced. The AIHRC reported NDS officials usually required the AIHRC to submit a formal letter requesting access at least one to two days in advance of a visit. NDS officials continued to prohibit AIHRC and UNAMA monitors from bringing cameras, mobile phones, recording devices, or computers into NDS facilities, thereby preventing AIHRC monitors from documenting physical evidence of abuse, such as bruises, scars, and other injuries.
After the Taliban takeover, the UN Security Council unanimously agreed on September 17 to renew the UNAMA mandate for another six months in an effort to continue its in-country activities, including strengthening capacity in the protection and promotion of human rights such as the protection of children affected by armed conflict and prevention of child soldier recruitment.
On September 18, the AIHRC stated their facilities and assets had been commandeered by Taliban forces, thereby rendering the commission unable to fulfill its duties to protect and monitor human rights in the country’s prisons.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law under the pre-August 15 government prohibited arbitrary interference in matters of privacy, but authorities did not always respect its provisions. The law contained additional safeguards for the privacy of the home, prohibiting night arrests, requiring the presence of a female officer during residential searches, and strengthening requirements for body searches. The government did not always respect these prohibitions.
Pre-August 15, government officials entered homes and businesses of civilians forcibly and without legal authorization. There were reports that government officials monitored private communications, including telephone calls and other digital communications, without legal authority or judicial warrant.
Likewise, numerous reports since August indicated that the Taliban entered homes and offices forcibly to search for political enemies and those who had supported the NATO and U.S. missions. On December 29, the Taliban’s “interim minister for the propagation of virtue and the prevention of vice” decreed all Taliban forces would not violate anyone’s privacy, including unnecessary searches of phones, homes, and offices, and that any personnel who did would be punished.
Section 2. Respect for Civil Liberties
a. Freedom of Expression, Including for Members of the Press and Other Media
The constitution provided for freedom of speech, including for the press, but the pre-August 15 government sometimes restricted this right. Following August 15, the Taliban used force against protesters and journalists and suppressed political discussion and dissent. Journalists reported a chilling effect on free speech and press in the country as a result of the Taliban’s policies, particularly following media reports of torture of two local journalists covering women’s protests after the Taliban takeover. The Taliban announced restrictive media regulations in September and additional guidelines in November, in line with the Taliban’s strict interpretation of sharia.
Freedom of Expression: The constitution provided for freedom of speech under the pre-August 15 government. There were reports that the pre-August 15 government officials at times used pressure, regulations, and threats to silence critics. Criticism of the pre-August 15 government was regular and generally free from restrictions, but criticism of provincial governments was more constrained, where local officials and power brokers exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists.
Freedom of Expression for Members of the Press and Other Media, Including Online Media: Prior to the Taliban’s takeover, independent media were active and expressed a wide variety of views. Implementation of a law that provides for public access to government information remained inconsistent, and media reported consistent failure by the pre-August administration to meet the requirements of the law. Pre-August 15 government officials often restricted media access to official government information or simply ignored requests for information. UNAMA, HRW, and Reporters without Borders reported the government did not fully implement the law, and therefore journalists often did not receive access to information they sought. Furthermore, journalists stated pre-August 15 government sources shared information with only a few media outlets.
On September 16, Reporters Without Borders said that 103 journalists signed a joint statement asking the international community to take urgent action to help protect press freedom in the country. The journalists pled for international action to guarantee the protection of female journalists who sought to continue their work, resources for local media outlets to remain open, and material assistance for those who have fled abroad.
Reporters Without Borders and the Afghan Independent Journalists Association reported that approximately 200 media outlets have shut down, leaving almost 60 percent of journalists unemployed. Various factors, including financial constraints, fear, and departure of staff, also contributed to closures.
Violence and Harassment: Pre-August 15 government officials and private citizens used threats and violence to intimidate independent and opposition journalists, particularly those who spoke out against impunity, crimes, and corruption by powerful local figures. The Taliban insurgency continued to threaten, attack, and kill journalists and media organizations. The Taliban warned media would be targeted unless they stopped broadcasting what it called “anti-Taliban statements.” Increased levels of insecurity until August 15 created a dangerous environment for journalists, even when they were not the specific targets of violence. Media advocacy groups reported that many female journalists worked under pseudonyms in both print and social media to avoid recognition, harassment, and retaliation, especially after the Taliban takeover in August.
Many media workers fled to safe havens starting in January after the Taliban launched a campaign of violence against journalists in late 2020, as reported by UNAMA and independent media. Taliban violence continued to escalate against journalists throughout the year, and frequent reports of attacks continued after their occupation of the country in August. According to the UNESCO observatory of killed journalists, seven journalists were killed between January 1 and August 8, including four women.
On January 1, gunmen in Ghor Province opened fire on the car of journalist Bismillah Adil, killing him in an attack for which no one has claimed credit. On February 25, gunmen stormed Adil’s family home and killed three of his family members and wounded five children.
On June 3, unidentified assailants in Kabul detonated an explosive device attached to a van in which Ariana News TV Kabul anchor Mina Khairi was a passenger, killing her and two family members. An Ariana News TV manager said other station employees had received threats.
In response to increased concern regarding the targeting of journalists following the Taliban’s takeover in August, the UN Human Rights Council held an emergency session, and a group of UN human rights experts convened to issue a statement through the OHCHR. On September 3, the statement called on all member states to provide urgent protection to Afghan journalists and media workers who fear for their lives and are seeking safety abroad. Many of those journalists who remained in the country ceased their work and reported living in hiding to avoid targeted attacks. According to an al-Jazeera report in October, more than 30 instances of violence and threats of violence were reported by the Afghanistan National Journalists Union. Many journalists fled the provinces to Kabul and others departed the country.
Journalists faced the threat of harassment and attack by ISIS-K, the Taliban, and pre-August 15 government-linked figures attempting to influence how they were covered in the news. With the Taliban takeover of the country, the Committee for the Protection of Journalists (CPJ) in September reported numerous instances of Taliban physical violence against and detention of journalists, warning that an entire generation of reporters was at risk in the country.
On September 7, Taliban fighters detained a freelance photographer after he covered a protest in the western city of Herat, according to the Committee to Protect Journalists. At the end of the year, he had not been released.
On September 8, according to the CPJ, the Taliban detained and later released at least 14 journalists covering protests in Kabul. According to media sources, at least nine of the journalists were subjected to violence during their arrests or detention.
On September 18, an unidentified man shot journalist Mohammad Ali Ahmadi after accusing him of working for an “American radio station.” Ahmadi, a reporter and editor with national radio broadcaster Salam Watandar in Kabul, was shot twice in the leg and hospitalized.
CPJ reported in October that Taliban fighters assaulted at least three journalists covering a women’s protest in Kabul for demanding “work, bread, and education.” The fighters also attacked a photographer working with a French news agency, who captured some of the violence on camera.
According to UNAMA, two journalists were killed after August 15 – one by the ISIS-K and another by unknown actors.
Censorship or Content Restrictions: Media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Most requests for information from journalists who lacked influential connections inside the pre-August 15 government or international media credentials were disregarded, and government officials often refused to release information, claiming it was classified.
On September 19, the Taliban issued a set of 11 media directives including a requirement that media outlets prepare detailed reports in coordination with the new “governmental regulatory body.” The directives prohibit media from publishing reports that are “contrary to Islam,” “insult national figures,” or “distort news content.” The directives also included prohibitions on “matters that could have a negative impact on the public’s attitude or affect morale should be handled carefully when being broadcast or published.” Journalists in Kabul reported being turned away from covering events of interest and being told to obtain individual permits from local police stations with jurisdiction over the area of reporting activity.
Tolo TV, a commercial television station broadcasting programming through major cities across the country, scaled back programming in September in an act of self-censorship with the Tolo TV CEO, saying, “we had to sacrifice music for survival,” with the process of self-censorship entailing the elimination of Turkish soap operas, adding programming featuring women scarved, and replacing musical programming with religious chants.
Journalists called the restriction and censorship of information by the Taliban the primary obstacle to reporting and said many media organizations stopped their activities in an act of self-censorship after the collapse of the pre-August 15 government.
The Taliban’s Ministry for the Promotion of Virtue and Prevention of Vice announced eight restrictive “religious guidelines” on November 21, including one recommending that women should not appear in television dramas or entertainment programs and another indicating that female journalists should wear head coverings. As of December the guidelines were not being enforced consistently.
Libel/Slander Laws: The pre-August 15 government’s laws prescribed prison sentences and fines for defamation. Pre-August 15 authorities sometimes used defamation as a pretext to suppress criticism of government officials.
National Security: Journalists complained pre-August 15 government officials frequently invoked the national interest exception in the relevant law to avoid disclosing information.
Nongovernmental Impact: Throughout the year some reporters acknowledged they avoided criticizing the Taliban and some neighboring countries in their reporting because they feared Taliban retribution. Insurgent groups coerced media agencies in insecure areas to prevent them from broadcasting or publishing advertisements and announcements of the security forces, entertainment programming, music, and women’s voices.
Women in some areas of the country said their freedom of expression in choice of attire was limited by conservative social mores and sometimes enforced by the Taliban in insurgent-controlled areas as well as by religious leaders.
The pre-August 15 government did not restrict or disrupt access to the internet, and there were no credible reports the government monitored private online communications without appropriate legal authority.
Media outlets and activists routinely used social media to discuss political developments, and Facebook was widely used in urban areas. The Taliban used the internet and social media to spread its messages.
There were many reports of Taliban attempts to restrict access to information.
During its offensive on Panjshir in August and September, the Taliban shut down the internet in the province to restrict the transmission of information regarding fighting and communication between residents and the outside world. Reports indicated that, with limited exceptions in the days before the Taliban seized control in Kabul, access to the internet remained available throughout the country, including access to social media and messaging apps such as Twitter and WhatsApp. On September 9, the Taliban reportedly turned off internet service in parts of Kabul following a series of large anti-Taliban and anti-Pakistan street demonstrations.
Human rights groups encouraged human rights defenders to delete or modify their online presence to minimize the risk that the Taliban would link them to the former regime or NATO forces.
Academic Freedom and Cultural Events
Academic freedom was largely exercised under the pre-August 15 government. In addition to public schooling, there was growth in private education, with new universities enjoying full autonomy from the government. Both government security forces and the Taliban took over schools to use as military posts.
The expansion of Taliban control in rural areas before the group’s takeover left an increasing number of public schools outside of pre-August 15 government control. The Taliban operated an “education commission” in parallel to the pre-August 15 Ministry of Education. Although their practices varied among areas, some schools under Taliban control reportedly allowed teachers to continue teaching but banned certain subjects and replaced them with Islamic studies; others provided only religious education, and only for male students.
In September the Taliban announced it would review subjects to be taught to ensure compliance with the Taliban interpretation of sharia, while also committing in October and November not to change the curriculum to a madrassa-style education. Public universities did not open for the academic year starting in September and remained closed as of December.
b. Freedoms of Peaceful Assembly and Association
The constitution provided for the freedoms of peaceful assembly and association, and the government generally respected these rights; however, the pre-August 15 government limited these freedoms in some instances. The Taliban generally did not respect freedom of peaceful assembly and association, although they allowed some limited protests and demonstrations to take place without interference.
Freedom of Peaceful Assembly
The pre-August 15 government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year; however, police sometimes fired live ammunition into the air when attempting to break up demonstrations. On January 29, at least 10 civilians were killed and 20 others injured when police fired upon a protest in the Behsud district of Maidan Wardak Province, according to Etilaatroz news. The Ministry of Interior stated the protesters were armed. On June 8, the Badakhshan Province governor allegedly ordered police to shoot demonstrators who had entered the governor’s compound, resulting in four deaths.
Protests and rallies were also vulnerable to attacks by ISIS-K and the Taliban. The August Taliban takeover prompted numerous, small-scale protests by women demanding equal rights, participation in government, and access to education and employment. Taliban fighters suppressed several women’s protests by force.
In the weeks immediately following the August 15 Taliban takeover, several peaceful protests were staged in cities throughout the country, primarily by women activists, without interference by the Taliban. Further protests were increasingly met with resistance and violence by the Taliban, however, and as of December the Taliban suppressed protests against the group and its policies.
On September 5, a march by dozens of women towards the presidential palace calling for the right to work was broken up by the Taliban with tear gas and pepper spray. In a similar incident three days later in Kabul, the Taliban reportedly used whips and batons to suppress a group of women demonstrating for equal rights. On September 8, the Taliban issued instructions banning unauthorized assemblies, motivating civil society, particularly women, to shift their efforts behind closed doors and to online platforms. The UN Human Rights Commission stated on September 10 that peaceful protests in many parts of the country were met with an increasingly violent response by the Taliban after their takeover. The Taliban frequently used force to suppress protests, including firing live ammunition overhead to disperse crowds.
Freedom of Association
The constitution provided for the right to freedom of association, and the pre-August 15 government generally respected it. The pre-August 15 government’s law on political parties required political parties to register with the Ministry of Justice and to pursue objectives consistent with Islam. The same law prohibited employees and officials of security and judicial institutions, specifically the Supreme Court, Attorney General’s Office, Ministry of Interior, Ministry of Defense, and NDS, from political party membership. Noncompliant employees were subject to dismissal.
After August 15, the Taliban generally did not respect freedom of association.
Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: Implementation and awareness of a government decree regarding violence against women remained a serious problem under the pre-August 15 government. The decree criminalizes 22 acts of violence against women, including rape, battery or beating, forced marriage, humiliation, intimidation, and deprivation of inheritance. The law criminalizes rape against both women and men. The law provides for a minimum sentence of five to 16 years’ imprisonment for conviction of rape, or up to 20 years if one or more aggravating circumstances are present. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The law criminalizes statutory rape and prohibits the prosecution of rape victims for zina. The law provides for imprisonment of up to seven years for conviction of “aggression to the chastity or honor of a female [that] does not lead to penetration to anus or vagina.” Under the law, rape does not include spousal rape. Pre-August 15 government authorities did not always enforce these laws, although the government was implementing limited aspects of the decree, including through dedicated prosecution units. Women and girls with disabilities were at increased risk for sexual abuse.
Prosecutors and judges in rural areas were frequently unaware of the decree or received pressure to release defendants due to familial loyalties, threat of harm, or bribes, or because some religious leaders declared the law “un-Islamic.” Female survivors faced stringent or violent societal reprisal, ranging from imprisonment to extrajudicial killing.
The law criminalizes forced gynecological exams, which acted as “virginity tests,” except when conducted pursuant to a court order or with the consent of the subject. Awareness and enforcement of the restrictions on forced gynecological exams remained limited. There were reports police, prosecutors, and judges continued to order the exams in cases of “moral crimes” such as zina. Pre-August 15 government doctors, frequently men, conducted these exams, often without consent. Women who sought assistance in cases of rape were often subjected to the exams.
The law for the pre-August 15 government criminalized assault, and courts convicted domestic abusers under this provision, as well as under the “injury and disability” and beating provisions in the relevant decree. According to NGO reports, millions of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, and other individuals. The AIHRC announced that of 3,477 cases of violence against women recorded with its organization in the first 10 months of 2020, 95.8 percent of cases involved a family-member perpetrator and that the home environment was the most dangerous place for women in the country. State institutions, including police and judicial systems, failed to adequately address such abuse. Lockdowns due to the COVID-19 pandemic forced women to spend more time at home, reportedly resulting in increased incidence of domestic violence as well as additional stress on already limited victim-support systems. One such incident included a man from Paktika Province who cut off his wife’s nose with a kitchen knife in May. The woman, who regularly faced physical abuse by her husband, was reportedly seeking to leave the abusive relationship when her husband attacked her.
Due to cultural normalization and a view of domestic violence as a “family matter,” domestic violence often remained unreported. The justice system’s response to domestic violence was insufficient, in part due to underreporting, a preference for mediation, sympathy toward perpetrators, corruption, and family or tribal pressure. According to an HRW report published in August, there were dedicated prosecution units in all 34 provinces as of March and specialized courts – at least in name – with female judges in 15 provinces, and dedicated court divisions expanded to operate at the primary and appellate levels in all 34 provinces.
Space at the 28 women’s protection centers across the country was sometimes insufficient, particularly in major urban centers, and shelters remained concentrated in the western, northern, and central regions of the country, under the pre-August 15 administration. Some women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or being sent back to their family or to the perpetrator. Cultural stigmatization of women who spent even one night outside the home also prevented women from seeking services that may bring “shame” to herself or her family.
At times, women in need of protection ended up in prison, either because their community lacked a protection center or because “running away” was interpreted as a moral crime. Adultery, fornication, and kidnapping are criminal offenses. Running away from home is not a crime under the law, and both the Supreme Court and the Attorney General’s Office issued directives to this effect, but some local authorities continued to detain women and girls for running away from home or “attempted zina.” The pre-August 15 government’s Ministry of Women’s Affairs, as well as nongovernmental entities, sometimes arranged marriages for women who could not return to their families (see also section 6, Children, Child, Early, and Forced Marriage).
On September 19, Taliban gunmen entered a women’s shelter in Kabul by force, interrogated staff and residents for several hours and forced the head of the shelter to sign a letter promising not to allow the residents to leave without Taliban permission. The Taliban told the shelter operator they would return married shelter residents to their abusers and marry the single residents to Taliban soldiers.
Additionally, sources in September reported the Taliban were conducting “audits” of women’s shelters and women’s rights organizations, including those that provided protection services. These audits were enforced with intimidation through the brandishing of weapons and threats of violence. Equipment, including computers, paper files, and other documentation, was confiscated, and staff reported being aggressively questioned regarding their activities and possible association with the United States. Essential service providers either reduced or ceased their services altogether, citing fear of putting battered women, an already vulnerable demographic, at greater risk of violence and harm.
Other Harmful Traditional Practices: Under the 2004 constitution, the law criminalizes forced, underage, and baad marriages (the practice of settling disputes in which the culprit’s family trades a girl to the victim’s family) and interference with a woman’s right to choose her spouse. NGOs reported instances of baad were still practiced, often in rural areas. The practice of exchanging brides between families was not criminalized and remained widespread. “Honor killings” continued throughout the year.
Sexual Harassment: The law under the pre-August 15 government criminalized all forms of harassment of women and children, including physical, verbal, psychological, and sexual harassment. By law all government ministries are required to establish a committee to review internal harassment complaints and support appropriate resolution of these claims. Implementation and enforcement of the law under the pre-August 15 government remained limited and ineffective. Media reported that the number of women reporting sexual harassment increased compared with prior years, although some speculated this could be an increased willingness to report cases rather than an increase in the incidence of harassment. Women who walked outside alone or who worked outside the home often experienced harassment, including groping, catcalling, and being followed. Women with public roles occasionally received threats directed at them or their families.
Prior to the August 15 Taliban takeover, businesswomen faced a myriad of challenges from the “traditional” nature of society and its norms regarding acceptable behavior by women. When it was necessary for a businesswoman to approach the government for some form, permit, or authorization, it was common for a male functionary to ask for sexual favors or money in exchange for the authorization.
After the Taliban takeover, most women-led businesses suspended operations due to the ongoing liquidity crisis and fear of violating Taliban edicts against women in the marketplace.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. Under the pre-August 15 government, married couples had the legal right to decide the number, spacing, and timing of their children. The Family Law (2019), which was in effect by promulgation of a presidential proclamation (although parliament never passed it), outlines individuals’ rights to reproductive health. There were no recent, reliable data regarding reproductive rights. According to the 2015 Afghanistan Demographic and Health Survey, only 5 percent of women made independent decisions concerning their own health care, while 44 percent reported that their husbands made the decisions for them.
According to UNICEF, more than 50 percent of girls in the country started their period without knowing what to expect or understanding why it was happening, and 30 percent of female students in the country were absent during menstruation because schools did not have adequate water, sanitation, and hygiene facilities.
Having a child outside of wedlock is a crime according to the pre-August 15 government’s penal code and is punishable by up to three years’ imprisonment for both men and women. Mothers faced severe social stigma for having a child out of wedlock, even when the pregnancy was a result of rape. Abortion or ending a pregnancy was classified as a crime under the law and was punishable by three months’ to one year’s imprisonment.
Women must obtain their husband’s consent to use contraception under the law. Barriers impacting reproductive health care or obstetrical care included many men preventing their wives from receiving care from male doctors or from having a male doctor in attendance at the birth of a child. Sources in October reported continued availability of contraceptives after the Taliban takeover of Kabul.
Persons with disabilities faced increased barriers to reproductive health resources as a result of decreased access to transportation, education, and social support. LGBTQI+ persons, already disadvantaged prior to August 15, faced further barriers to accessing reproductive health resources after the Taliban takeover. The already fragile community, which provided some resources to its members, largely disintegrated as members either fled the country or went into deep hiding. Widespread discrimination and abuse prevented most members from seeking reproductive or sexual-health assistance from all but the most trusted confidants.
Families and individuals in cities generally had better access to information than did those living in rural areas. According to the United Nations, the rate of contraceptive use among married women was 35 percent for those living in urban areas compared with 19 percent in rural areas. According to the pre-August 15 government’s Ministry of Public Health, while there was wide variance, most clinics offered some type of modern family planning method.
The World Health Organization reported that the country had 638 maternal deaths per 100,000 live births in 2017 (the last year of reported data). A survey conducted by the Central Statistics Organization in the provinces of Bamyan, Daikundi, Ghor, Kabul, Kapisa, and Parwan concluded that many factors contributed to the high maternal death rate, including early pregnancy, narrowly spaced births, and high fertility. Some societal norms, such as a tradition of home births and the requirement for some women to be accompanied by a male relative to leave their homes, led to negative reproductive health outcomes, including inadequate prenatal, postpartum, and emergency obstetric care. Access to maternal health care services was constrained by the limited number of female health practitioners, including an insufficient number of skilled birth attendants. Additionally, the conflict environment and other security concerns limited women’s safe access to health services of any kind.
Since their takeover, the Taliban permitted women to continue their roles as health practitioners, but many women were afraid to return to work due to safety and security concerns related to the Taliban’s stated policies restricting women in the workplace. After August 15, the ever-smaller number of qualified female health practitioners steeply increased the risk of poor health outcomes for women.
Discrimination: Prior to the Taliban’s takeover, women who reported cases of abuse or who sought legal redress for other matters reported they experienced discrimination within the justice system. Some observers, including female judges, asserted that discrimination was a result of faulty implementation of law. Limited access to money and other resources to pay fines (or bribes) and the social requirement for women to have a male guardian affected women’s access to and participation in the justice system. Women do not have equal legal rights, compared to men, to inherit assets as a surviving spouse, and daughters do not have equal rights, compared to sons, to inherit assets from their parents. By law women may not unilaterally divorce their husbands but must obtain their husband’s consent to the divorce, although men may unilaterally divorce their wives. Many women petitioned instead for legal separation. According to the family court in Kabul, during the year women petitioned for legal separation twice as frequently as in the previous year.
Prosecutors and judges in some provinces continued to be reluctant to use the decree related to domestic violence, and judges sometimes replaced those charges with others based on other legal provisions.
The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupation.
After August 15, the Taliban prohibited most female government employees from working, although the Taliban claimed they continued to pay their salaries. Afghanistan Women Chamber of Commerce and Industry (AWCCI) executives sought meetings with the Taliban-controlled Ministry of Economy after the takeover to get clarity on whether the Taliban would allow the estimated 57,000 women-led private businesses in the country to remain open. The AWCCI stated they failed to get a formal meeting with high-level Taliban decisionmakers but were assured informally that women would be allowed to work “if that work conformed with Islamic law.”
Prior to August 15, in the Taliban-controlled areas of the country many women and girls could not decide whom they would marry or at what age, or object to beatings by their husbands. In Jowzjan’s Darzab district, a Taliban commander raped and killed a 16-year-old girl when the family refused to allow her to marry a Taliban fighter.
On April 28, the Taliban published an article, “Feminism as a Colonial Tool,” on its website, accusing the West of using feminism to justify its “invasion, subjugation and bullying of Muslims.” The article asserted the “man-made” concept of women’s rights has “destructive effects on human society” and that women’s rights must be defined by Islam.