By Zulikha Akrami

Introduction

The United Nations recently commemorated significant milestones in the global fight for women's rights and gender equality. October 31, 2024, marked the 24th anniversary of the United Nations Security Council Resolution (UNSCR) 1325 on Women, Peace, and Security. Additionally, December 18, 2023, marked 44 years since the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) by the United Nations General Assembly, often referred to as the international bill of rights for women. Despite these advancements, the global situation for women remains concerning. Devastatingly, over the past decade, one in three women worldwide, approximately 736 million, have experienced physical or sexual violence.  More specifically, The situation in Afghanistan under Taliban rule is particularly alarming, with 49.4% of the country's female population facing severe violations of their rights. Afghanistan's relationship with the United Nations dates back to November 19, 1946, when it officially joined the organization as the Kingdom of Afghanistan under King Mohammad Zahir Shah. The country ratified CEDAW in 2003, following the overthrow of the first Taliban regime in an counterterrorism attempt  by NATO, leading by USA in the country This period marked a time of hope, with a new government formed to focus on reconstruction, peace, equality, and prosperity. The new established government is a signatory of international bills. CEDAW, a comprehensive women's rights treaty, consists of six sections and 30 articles. It aims to ensure gender equality in various aspects of life, including work, education, healthcare, and mobility.

 However, the Taliban's return to power in Afghanistan has led to the implementation of a gender apartheid system, severely restricting women's rights and freedoms. Under Taliban rule, women in Afghanistan face numerous restrictions, including bans on workforce participation, education, and free movement. They are required to wear the burqa and are prohibited from being examined by male physicians, while female healthcare professionals are barred from working. These oppressive measures have effectively forced Afghan women into a state of virtual house arrest, depriving them of basic human rights. The stark contrast between the principles of CEDAW and the current situation in Afghanistan highlights the urgent need for international action to protect and promote women's rights in the country. The implementation of an Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is crucial for protecting Afghan women's rights under Taliban rule, addressing the systematic oppression they face, and holding the regime accountable for violations of international agreements, while examining the impact on society, the international community's response, and the potential for justice through international mechanisms.

Taliban's Stance on Women: Views and Tactics

The collapse of government was not only the collapse of a political settlement but also the collapse of Afghan women rights, dreams and life that eventually has led to their exclusion from body of the society. Since the Taliban seized power in Afghanistan, they have imposed oppressive laws that violate human rights, particularly women's rights on a massive scale. The Taliban's oppressive policies are rooted in their Vice and Virtue laws, which form the legal foundation for violating women's rights on a massive scale. This law, comprising a preface, four chapters, and 35 articles, seeks to eliminate women from public life and essentially imprison them in their homes. Despite of Taliban hundred laws that banded women from education, employment, parks/sightseeing, beauty salons, sports, media, and traveling outside  of the country, the newly passed law prohibits women from speaking, singing or praying loud.  The Taliban has issued numerous directives that directly contravene women's rights under both national and international laws, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).This leave no room for any  international laws to be  implement in Afghanistan. This systematic approach to women's exclusion reinforces patriarchal dominance and gender inequality, hindering progress towards women's empowerment in the country. The Taliban has issued 100 of directives that directly violate women rights in Afghanistan  under national and international laws.

Women in Afghanistan face categorical marginalization, which include practices that seeks to exclude an entire class or group from any central control over dominant resources and institutions. This is the legal complete exclusion of Afghan women from the society which effects all the community.  According to Cathy J. Cohen, and American political scientist and author “The manipulation of ideological concepts – norms, values and attitudes _ in an attempt to explain and legitimize the exclusion of, and developing domination over, marginal communities” is the central component of success in categorical marginalization. “When some beliefs, characteristic or behavior shared by all targeted group members is used to single the “inherent” inferiority or natural deviance of a group, promoting the idea that these individuals are somehow deserving of their marginal or secondary statue.” (Cohen) It makes discrimination seem okay and keeps powerful groups in control by suggesting that marginalized groups' lower status is normal or deserved that lead to ignoring how social, economic, and political factors cause these inequalities. The Taliban's return to power has categorically marginalized Afghan women of their rights, dreams, and basic freedoms, pushing them to the margins of society and eroding the progress made in gender equality over the years. It means that by law in Afghanistan women are not allowed to practice their basic human right.

Repercussions on Society

Excluding massive body of a society from public is not only violation of human right and women right but also is paralyzing the entire society. Similar to a bird with a broken wing unable to fly. The Taliban’s oppressive polices towards women perpetuates cycles of poverty and hinders the development of the society as a whole.  A developed county offers its people a high quality of life and a secure economy.  Despite various Taliban edicts, two major inhumane laws; banning women from education and employment have significantly drop the country down into its knees.   Afghanistan is currently trapped in a cycle of poverty.  Poverty is impacting over 90% of population, with 28.8 million people requiring humanitarian aid and 17.2 million facing food insecurity. Additionally, 2.7 million Afghans are displaced across borders, and 91% of household income is spent on food. Economy is sharking day to day and rate of poverty is getting higher, to a large extent prohibiting woman from employment impacted the economic growth in Afghanistan. For instance, Since August 2021. Women have been prohibited to work in government, NGOs, INGOs, beauty salons. All female employees have lost their income sources, and even small businesses have been shut down.

The poverty trap in Afghanistan has far-reaching consequences that extend beyond economic hardship. Forced and child marriages have become prevalent as families struggle to survive, often viewing these unions as a means to alleviate financial burdens. This practice not only violates human rights but also perpetuates the cycle of poverty by denying young girls’ education and opportunities for personal development. Child labor has also increased, with children forced to work in hazardous conditions to contribute to family income, further compromising their health, education, and future prospects. The health crisis resulting from poverty is manifested in widespread malnutrition, lack of access to clean water and sanitation, and inadequate healthcare facilities, leading to high mortality rates and the spread of preventable diseases.

The mental health toll of poverty and conflict in Afghanistan is significant, with many individuals experiencing trauma, anxiety, and depression due to prolonged exposure to violence, displacement, and economic instability. Mass migration has become a desperate solution for many Afghans seeking to escape these dire circumstances, leading to further social and economic challenges both within the country and in neighboring nations. The Taliban's restrictive laws, particularly those limiting women's access to education and employment, have exacerbated the situation by effectively halving the country's potential workforce and hindering economic growth. This regression in women's rights not only contradicts international agreements like CEDAW but also undermines efforts to build a sustainable and inclusive economy. The interconnectedness of women's empowerment, gender equality, and economic development is well-established, making the current situation in Afghanistan a significant obstacle to breaking the cycle of poverty and achieving long-term stability and prosperity.

International obligation

Afghanistan is a signatory to various international agreements and conventions that uphold women's rights, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), is being undermined by the Taliban's actions as de facto authorities. The country has ratified several human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESR), the Convention on the Rights of the Child (CRC), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and the Convention on the Elimination of All Forms of Racial Discrimination (CERD). These international commitments were intended to protect and promote the rights of all Afghan citizens, particularly women and children, who have historically been marginalized and vulnerable. However, the Taliban's violations of these commitments pose a significant challenge to global efforts promoting gender equality and women's empowerment. The Taliban's return to power in August 2021 led to their   immediate demand for recognition as the only legitimate government of Afghanistan.  They denied the former government of Afghanistan and claimed that they are the only sole representative of Afghanistan. This sudden shift in power dynamics has created a complex situation where the international community must balance diplomatic engagement with the need to uphold human rights principles. The Taliban's actions since regaining control of Afghanistan have been marked by a stark contrast between their expressed desire for international engagement and their actual governance practices.

While they have shown willingness to participate in international forums, such as the UN-led talks in Qatar, their domestic policies have systematically undermined human rights and fundamental freedoms. The regime has been implicated in a range of serious human rights violations, including extrajudicial killings, torture, and arbitrary detentions. These actions not only violate basic human rights principles but also directly contravene Afghanistan's obligations under international treaties it has ratified.The exclusion of women from the UN-led talks in Qatar in July 2024 further exemplifies the Taliban's regressive stance on gender equality. This decision drew widespread criticism from human rights activists and international bodies, including the UN Committee on the Elimination of Discrimination against Women. The absence of female representation in these crucial discussions is particularly concerning given the already precarious situation of women and girls in Afghanistan under Taliban rule. It not only undermines the principle of inclusive decision-making but also risks further entrenching gender-based discrimination and marginalization in Afghan society. This approach raises serious questions about the Taliban's commitment to upholding international norms and their willingness to engage in genuine, inclusive dialogue for the future of Afghanistan.

The Role of the CEDAW and the Need for an Optional Protocol

The situation of Afghan women under the oppressive Taliban rule has raised international concern regarding the protection of their rights and freedoms. In this context, developing and implementing an Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), modified to address the specific challenges faced by Afghan women, could serve as a crucial mechanism for safeguarding their rights in a tumultuous political landscape. The Optional Protocol allows individuals to report violations of CEDAW-protected rights to the CEDAW Committee. It also empowers the Committee to investigate cases of serious or repeated CEDAW violations. Typically, individuals must exhaust all domestic remedies before reporting to the Committee. However, in Afghanistan's case, the Taliban regime itself is violating women's rights, and there is no accountable national judiciary to address these severe violations. The systematic suppression of women's rights in Afghanistan, including restrictions on education, employment, and freedom of movement, highlights the urgent need for targeted interventions to mitigate the adverse impact on Afghan women. CEDAW is a pivotal international treaty promoting gender equality and combating discrimination against women.

 In Afghanistan, where women's rights face increasing threats under Taliban rule, implementing an Optional Protocol to CEDAW could provide a tailored framework to address the specific challenges faced by Afghan women. This Optional Protocol could establish mechanisms for monitoring, reporting, and addressing violations of women's rights in Afghanistan, ensuring accountability and promoting the enforcement of international standards. It could include provisions for on-site investigations, fact-finding missions, and protective measures for women at risk of rights abuses. By creating channels for individual and collective complaints regarding gender-based discrimination, the protocol could amplify Afghan women's voices and empower them to seek redress for violations. Furthermore, it could enhance international cooperation and support for initiatives aimed at advancing women's rights in Afghanistan, such as educational programs, economic opportunities, and legal aid services.This mechanism would enable the international community to hold the Taliban accountable and provide a venue for justice for Afghan women. Under CEDAW, Afghanistan has agreed that the International Court of Justice (ICJ) can handle disputes about the interpretation and implementation of CEDAW rules. This means that any country that has also accepted ICJ jurisdiction under CEDAW can take Afghanistan to court to challenge its compliance with the Convention. This approach was highlighted in a June 2023 report by the United Nations Special Rapporteur for Afghanistan and the UN Working Group on discrimination against women and girls. They suggested that countries should support efforts by international and Afghan groups to seek justice for Afghan women and girls when their human rights are violated, including through the use of the International Court of Justice.

Conclusion

In conclusion, the implementation of an Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) emerges as a critical mechanism for protecting and promoting the rights of Afghan women under Taliban rule. The stark contrast between Afghanistan's international commitments and the current reality of systematic oppression highlights the urgent need for targeted intervention. This Optional Protocol could provide a comprehensive framework for monitoring, reporting, and addressing violations of women's rights, ensuring accountability and enforcing international standards in a context where traditional mechanisms have proven insufficient.

The proposed Optional Protocol would offer multiple channels for individual and collective complaints, amplifying the voices of Afghan women and providing concrete avenues for seeking justice. This approach would not only empower women to report violations but also create a documented record of abuses, which could be instrumental in future policy-making and international interventions. Furthermore, the Protocol could establish a system of regular reporting and review, allowing for ongoing assessment of the situation and timely responses to emerging challenges. Moreover, the Optional Protocol could enhance international cooperation in advancing women's rights through multifaceted initiatives. These could include educational programs aimed at raising awareness about women's rights and gender equality, both within Afghanistan and internationally. Economic opportunities could be fostered through targeted development programs and partnerships with international organizations, providing Afghan women with the means to achieve financial independence. Legal aid services, supported by the international community, could offer crucial support to women seeking to navigate the complex legal landscape and assert their rights. The potential use of the International Court of Justice, as suggested by UN experts, further underscores the international community's role in holding the Taliban accountable.

This approach would elevate the issue of women's rights in Afghanistan to the highest levels of international law, potentially setting precedents for similar situations globally. It would send a clear message that the systematic oppression of women is not only a domestic issue but a matter of international concern and legal consequence. By advocating for the rights of Afghan women through these mechanisms, the global community can work towards fostering gender equality and a more equitable society in Afghanistan, despite the challenging political landscape. This approach recognizes that the struggle for women's rights in Afghanistan is interconnected with broader issues of human rights, democracy, and international peace and security. It acknowledges that the advancement of women's rights is not only a moral imperative but also a strategic necessity for sustainable development and stability in the region.

Furthermore, the implementation of such a Protocol could serve as a model for addressing similar situations in other parts of the world, demonstrating the international community's commitment to upholding universal human rights principles. It would reinforce the idea that cultural or political differences cannot justify the violation of fundamental human rights, particularly those of women and girls. In the long term, these efforts could contribute to a gradual shift in societal attitudes within Afghanistan, fostering a culture that respects and values women's contributions to all aspects of life. By providing consistent support and pressure, the international community can help create the conditions necessary for Afghan women to reclaim their rightful place as equal members of society, ultimately leading to a more prosperous, stable, and just Afghanistan.

Zulikha Akrami is a political science graduate student at Northeastern Illinois university. She served as Community Engagement Researcher at Urban Institutes and held the position of ASA-APA Program Coordinator at the Alliance for Multicultural Community Services. Zulikha, has contributed publishing opinion pieces in various national and international platforms in both English and Farsi. Her articles primarily center around women, education, and security, with a specific focus on Afghanistan and the wider region.  She is a fellow at Every Women Treaty that actively contributes to the organization’s efforts to advocate for the rights of women and promote gender equality on a global scale.

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