UN Sub-Commission on Prevention of Discrimination and Protection of Minorities

Fifty-first session

Provisional agenda item 5

The implementation of human rights with regard to women

Oral statement by the Transnational Radical Party, a non-governmental organisation in general consultative status

Geneva, 12 August 1999

Delivered by Olga Cechurova

Mr. Chairman,

The Transnational Radical Party wishes to express its appreciation on the preparation of the Report of the Secretary-General on the situation of women and girls in Afghanistan (E/CN.4/Sub.2/1999/13). Despite constant attention of the Sub-Commission and the Commission at the worrying situation in Afghanistan that is certainly proven by a number of acts, the situation of human rights of all persons and particularly women in Afghanistan is constantly deteriorating. We believe that the Report of the Secretary General on the matter may represent, if followed by a decisive and concerted action by the UN and the whole international community, a beginning of an important process giving a new hope for all Afghan people and Afghan women in particular.

The Report contains the list of all the international conventions to which Afghanistan is a party that is too long to quote again here, but it certainly includes the most important Covenant and the Convention on the Elimination of All Forms of Discrimination Against Women, and states that "nevertheless, women are unable to enjoy the most basic rights, particularly civil and political rights, the right to education, employment, health, movement and personal security". This is unfortunately little surprising if we consider the total absence of any functioning constitution and the Taliban authorities' statement that "if a promise, convention, treaty or other instrument, even if it was in the Charter of the United Nations, was contrary to Shariah, they would not fulfil it or act on it... The provisions of international human rights instruments could not be applied if they conflicted with God's law" (Final report on the situation on human rights in Afghanistan by UN Commission's Special Rapporteur, Mr. Choong-Hy

un Paik; E/CN.4/1997/59).

We would like to reiterate that all the human rights abuses and the unprecedented discrimination against women by Taliban are based on a particular interpretation of Shariah (God's Law) that is rejected by a large proportion of the Islamic world, for a simple reason: Islam in theory has given men and women equalrights in every aspect of life and also the same spiritual status. The Qur'an obligated Muslim men and women to acquire knowledge and education and emphasized the crucial role of the women as the mother as the early socializer and educator of the children and that this role has a long lasting effect on the behavior, character and attitudes of the future generations of Muslims.

The observance of certain cases, cited in the Report, of a more flexible attitude by the Taliban with regard to the access of girls to education and some relaxation of the restriction concerning the employment and access to health care, particularly in some urban areas, is certainly encouraging. However, the proportion of such relaxations of discrimination against women appears to be unfortunately rather insignificant. Moreover, on the other hand, the maintenance of the grave situation and even its deterioration, including physical violence, has been very likely to pass unnoticed and unreported due to the absence of the UN agencies and very reduced and restricted presence of humanitarian and human rights organisations during the last year as well as to the problematic access to and the presumable fear of women to testify the violence they have faced.

It is especially dangerous when a particular interpretation of religious law and customs sets itself above the international law and the accepted humanitarian rules. The acceptance or tolerance to such a practice by the international community would mean to undermine the system and the principles of international law itself. The Transnational Radical Party therefore appreciates the United Nations programmes and strategies listed in the Report of the Secretary-General. However, we wish to remind this august body the support that the international community have provided to the warrying factions throughout the conflict. Unfortunately, even a body of the UN, the United Nations Drug Control Programme, concluded an agreement with the Taliban on considerable amount of money for the eradication of poppy straw in Afghanistan. Apart from the questionable efficiency, this step risks to provide legitimacy to the regime in Afghanistan. It is a duty of the international community to ensure that those who receive its ass

istance protect human rights.

In conclusion, the Transnational Radical Party supports all the recommendations contained in the Secretary-General's Report on the situation of women and girls in Afghanistan. Furthermore, it urges the international community and the United Nations to take without delay a concerted action to ensure the protection of women's rights in Afghanistan, possibly through an intra-Afghan dialogue under the auspices of the United Nations. The Transnational Radical Party is convinced that all the aid and co-operation programmes (except for humanitarian aid) should be suspended until the government in Afghanistan shows respect for the human rights of both men and women.

Thank you, Mr. Chairman.