UN Commission on Human Rights

Fifty -fifth session

Provisional agenda item 12

Integration of the human rights of women and the gender perspective

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

Delivered by Chiara Steindler

Geneva, 13 April 1999

Madam Chairperson,

The issue of the implementation of human rights of women is closely inter-linked with all the other fields of human rights, from the promotion of human rights and fundamental freedoms to the realisation of economic, social and cultural rights and the administration of justice, and with the international, regional and national policies.

The existence and respect of the Rule of Law in accordance with the international law, is a fundamental condition for the enjoyment of all fundamental rights and liberties. It is therefore especially dangerous when a particular interpretation of religious law and customs sets itself above international law and the accepted humanitarian rules.

The list of international conventions and treaties of which Afghanistan is a party is too long to quote here, but it certainly includes the most important Covenants; moreover, Afghanistan has signed the Convention on the Elimination of All Forms of Discrimination against Women too. However, the Taliban authorities maintain 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-Hyun Paik; E/CN.4/1997/59).

We would like to draw your attention again to the continuous deterioration of the situation of women in Afghanistan. The violation of their rights range from fysical violence, denial of access to health care, education and employment outside the home to severe restrictions of their freedom of movement The ruling Taliban declares to restore Islamic purity and fundamentalism and uses a particular interpretation of Islam as a pretext for its unprecedented discrimination against women. This interpretation is rejected by a large part of the Islamic world, for a simple reason: Islam in theory has given men and women equal rights in every aspect of life, and also the same spiritual status.

In Afghanistan scores of women have been abducted and raped by members of the various political factions, often being treated as the spoils of war. Thousands of women have been indiscriminately killed in fighting between opposing sides in the conflict, and hundreds of thousands of women and children have been displaced or forced to flee the country as a result of systematic human rights abuses.

In recent years, the Taleban have imposed a new form of repression against women in Kabul, Herat, Kandahar and other areas they control. The situation of women in these areas deserves special attention by the international community. Tens of thousands of women remain restricted to their homes under Taleban edicts banning them from seeking employment, education or leaving home unaccompanied by a male relative. These restrictions have been enforced through the use of cruel, inhuman and degrading punishments and ill-treatment including the beating of women by Taleban guards in detention centers or in public places.

One manifestation of the freedom of expression is, without doubt, the way a person dresses and looks. The restriction placed by the Taliban movement on the appearance of women and the strict imposition of wearing burqa amounts to the violation of the very right to personality and to freedom of expression.

We would like to reiterate that all these abuses are based on a particular interpretation of Shariah (God's Law) and that the acceptance or tolerance to these practices by the international community would mean to undermine the system and the principles of international law itself.

The constant attention of the Commission at the worrying situation in Afghanistan is certainly proven by a number of acts, the most recent of which is the resolution 1998/70, nevertheless members of the international community have provided support to the warring factions. 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 risked to provide legitimacy of the regime in Afghanistan. It is a duty of the international community to ensure that those who receive its assistance protect women's rights and human rights.

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.

The Transnational Radical Party urges this Commission to pay due attention to the unbearable situation of the Afghan women and to approve a resolution condemning the abusive practices in Afghanistan.